1 Appln.3234/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3234 OF 2010 Mr. Garbad Pandit Mali .... Applicant Vs. The State of Maharashtra .... Respondent Mr. H.S. Deshpande, Advocate for applicant. Mrs. P.P. Bhosale, APP for State. Coram : Smt. R.P. SondurBaldota, J. Date : 26th August, 2010 P.C. 1. The applicant who is the Head-Master of Pandurang Javaji High School, Wada, District Thane files an application apprehending his arrest in C.R.No.196 of 2009 registered with Wada Police Station for the offences punishable under Section 420 read with 34 Indian Penal Code and Sections 3 and 4 of Essential Commodities Act. 2. The plain reading of the complaint makes it abundantly clear that the complaint is a motivated complaint and not a genuine complaint. The school of the applicant has been receiving rice grains under the scheme of the Government known as Shaley Poshan Ahar Scheme for providing “ ” meals to the children studying in school. On 11th August 2009, the Food Supply Officer of the Tahsil visited the applicant s school and found that ’ the school had 22 quintal of extra rice stored with it. On the second visit, 2 Appln.3234/2010 59.30 quintal excess rice was found in the school. Therefore, explanation was called for from the applicant, as the authorities felt that the applicant has not been using the rice for the purpose it was supplied i.e. for feeding the children. The applicant explained that though the supply of rice was based on certain number of students to be fed in the school, the quantity of rice cooked every day varied with the number of students attending on each day. He further explained that if the rice is not cooked in proportionate quantity, the food gets wasted. The authorities, however, were not satisfied with this explanation and filed complaint against the applicant. 3. There are no allegations in the complaint of misuse of the rice either by selling it outside or by self consumption. The complaint merely alleges that the applicant had kept the quantity of rice separate for the purpose of misappropriation. The complaint does not make any allegation of actual mis-appropriation. The allegations contained therein at the highest can be said to be an allegation of intention to mis-appropriate of the rice. Perusal of the complaint shows that it is a politically motivated complaint. In the circumstances, the application is granted. In the event of his arrest, the applicant be released on bail on P.R. bond of Rs.10,000/-. (Smt. R.P. SondurBaldota, J) (Smt. R.P. SondurBaldota, J)