1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2520 of 2009 (Hemant Dinkar Patil vs. State of Maharashtra ) --------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.Court's or Judge's Orders. Mr R M Daga, Adv.for applicant Mr Parihar , APP for R-State. Coram: A.P. Bhangale, J. Dated : 21st July, 2009 Heard learned counsel for the respective parties. 2. The applicant is a Jailor and presently working at Yervada Central Prison, Pune. The applicant is apprehending his arrest in connection with Crime No. 89/2009 registered at Dhantoli Police Station, Nagpur on 30.4.2009, for offence punishable u/s 409 read with section 34 of the Indian penal Code, on the basis of complaint by Dilipsingh Dhabekar, senior Prison Officer, Central Prison, Nagpur. 3. It is alleged that an under-trial prisoner, by name, Habib Rashid Rathod was spotted on 17.10.2001 with wearing yellow metal chain which was got deposited after making entry with Ornaments in-charge, Senior Prison Officer - S.A.Mahalle in the Judicial Section. The charge of the ornaments in the Judicial 2 Section of the Prison was handed over to Senior Prisoner Officer Shri S.L.Channe on 19.5.2002; however it was revealed that the yellow metal chain weighing about 10 gms. is not available in the Prison. Thus, according to the report, the chain may have been misappropriated. The senior Police Inspector, Dhantoli Police Station was informed by Superintendent, Nagpur Central Prison with a view to set the law in motion against those who may be responsible for alleged misappropriation of the said yellow metal chain. According to the report, the convict- Habib had obtained furlough leave but surrendered late. He was arrested and admitted to prison on 18.2.2007. Thereafter he had obtained information under the Right to Information Act 2005 by making an application to Police Sub Inspector Nagpur Police Station on 28.2.2007 claiming that he had deposited gold chain valued at Rs. 39,604/- and three mobile handsets and cash amount of Rs. 7,000/-. He had also claimed that the muddemal property was deposited with M.S. Rathod Class II Prison Officer who made entries in documents. Shri MS Rathod had deposited cash sum of Rs. 7000/- with Cashier but there is no voluntary entry regarding gold chain deposited with him. An enquiry was made with the applicant who had inspected the registers and found that money was deposited by Habib Rathod. According to report, gold chain weighing about 10 gms. valued at Rs. 6000 was in possession of the Prison Officer Shri S.L. Channe and other ornaments weighing about 60.930 gms. valued at Rs. 39,604 /- ( 16 carats ) was deposited with MS Rathod Prison 3 officer Class II, but it is not traceable. Thus, on the allegation that it must have been misappropriated, request was made to initiate action against all four Prison Officer u/s 409 read with section 34 of the IPC. 4. Learned Advocate for the applicant contended that main accused Shayam Laxman Channe in whose possession the gold chain was reportedly kept, has been granted anticipatory bail by the learned 8th Addl. Sessions Judge by order dated 19.5.2009 in Misc. Criminal Application No.819/2009. The said Officer stood retired from service, while the applicant is still in service at as stated above. It is also contended that the report is sent by Superintendent, Nagpur Central Prison addressed to Senior PI Dhantoli Police Station, Nagpur which is based upon suspicion against the present applicant since it was specifically stated that the chain was in possession of Shri S.L.Channe. The applicant claimed that he is innocent and there is no material to show that the applicant had control over the property allegedly misappropriated. The applicant is also ready to abide by the conditions of bail order, if any. 5. The learned APP opposed the bail tooth and nail, on the ground that there is strong possibility that the applicant may have misappropriated the gold chain. Be that as it may; considering the fact that alleged misappropriation had occurred long back, as according to the report itself, the chain was found 4 with the Prisoner Habib on 17.8.2001 which was got deposited and kept with Shri S.L.Channe on 19.5.2002 according to the register in the Prison and as long period have lapsed since then, the possibility of conviction in such a cases is remote in the absence of material to show positive involvement of the applicant in the offence alleged u/s 409 read with sec. 34 IPC. 6. The applicant was granted the benefit of interim anticipatory bail vide order dated 6th July 2009, subject to furnishing PR bond in the sum of Rs. 10,000/- with surety with condition that he shall report at Dhantoli Police Station as and when directed by the Investigating Officer for the purpose of investigation and that he shall not directly or indirected tamper with the prosecution evidence. In the facts and circumstances, therefore, considering that the applicant is serving as a Prison Officer in the Yervada Central prison and that the allegations have been levelled against him based on suspicion, I am inclined to confirm the interim bail, subject to said conditions and dispose of the present Criminal Application, with further direction that the applicant shall attend the trial Court upon filing of the charge sheet and obtain fresh bail. JUDGE. sahare