1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2257 OF 2009 Mahammad Bapu Mujawar ...Applicant Vs State of Maharashtra ..Respondent With CRI.APPLICATION NO.2339 OF 2009 Bhimrao Sitaram Nalawade .. Applicant. Vs State of Maharashtra .. Respondent. Mr. V.V.Purwant for the Applicant in Cri.Appln.No.2257/09 and Mr.Umesh Mankapure for the Applicant in Cri.Appln.No.2339/09 Mr. J.P.Yagnik, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 09/06/2009 2 PC: Criminal Application No.2257/2009 1. Heard learned counsel for the applicants and learned APP for the respondent. 2. The applicant is seeking anticipatory bail in C.R.No.85 of 2009 of Pandharpur police station, District Solapur. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 409, 420 r/w 34 of I.P.C. 3. The applicant is a Sarpanch of Mundhewadi Granmpanchayat, Taluka Pandharpur. It is alleged that he alongwith Gransevak (Bhimrao Sitaram Nalawade) allegedly misappropriated the amount of Rs.3,55,000/-, which was withdrawn by them for construction of road. According to the prosecution no work of the road was actually carried out. During pendency of the application for anticipatory bail, it appears, the applicant deposited Rs.2,87,000/- in the account of Zilla Parishad in Solapur District Central Bank, Solapur. Mr.Purwant, learned counsel for the applicant, on instructions, submits that the 3 applicant is prepared to deposit the balance amount with interest at the rate of 12% within a week from today. His statement is accepted. Keeping that in view and considering that custodial interrogation of the applicant in the present case would not be necessary I am inclined to grant this application for anticipatory bail. Hence the following order: In the event of arrest, the applicant be enlarged on bail in the sum of Rs.15,000/- with one or two sureties to make up the said amount, subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station on every Wednesday and Saturday between 6 pm and 7 pm till 15th July, 2009, and thereafter on every Saturday between 6 pm and 7 pm for a period of 90 days from today or till filing of the charge-sheet whichever is earlier. Criminal Application No.2339/2009 Insofar as the applicant – Bhimrao Nalawade is concerned, he is Gramsevak and he came to be 4 arrested in connection with the very same C.R.No.85 of 2009 on 6.4.2009. Having regard to the order passed passed in criminal application No.2257 of 2009 I am inclined to grant this application for bail. Hence the following order: The applicant be enlarged on bail in the sum of Rs. 15,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station on every Saturday between 6 pm and 7 pm for a period of 90 days from today or till filing of the charge-sheet whichever is earlier. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. The applications are disposed of. (D.B.BHOSALE, J.)