1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2745 of 2009 Dilip v. 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 S.S. Joshi, Adv for applicant Mr D.B. Patel, APP for State Coram : A.P. Bhangale, J Dated : 3rd August 2009 1. Heard learned counsel for the parties. Applicant has approached this Court for grant of anticipatory bail in Crime No. 42/2009 registered with Police Station , Girad for an offence punishable under Section 409 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant contends that applicant joined as Gram Sevak/Secretary of Gram Panchayat, Mohgaon from 1st January 2006. Report has been lodged by the Chief Executive Officer, Z.P. in respect of the incident which had taken place prior to his joining the post at Gram Panchayat, Mohgaon and, therefore, applicant is innocent. On the other hand, learned APP has opposed anticipatory bail application on 2 the ground that applicant is involved in misappropriation of Government funds. 3. Earlier, the applicant had approached the Sessions Judge for grant of anticipatory bail. It has been observed by learned Sessions Judge while rejecting bail application that prima facie there is no indication of false implication of applicant. In that view of the matter, I think that regular court cannot be bye-passed and applicant must move the remand court viz. Judicial Magistrate, First Class, Samudrapur. In order to enable the applicant to surrender before the Court of JMFC, Samudrapur and apply for regular bail, following order is passed. 4. In the event of his arrest in Crime No. 42/2009 registered with Police Station, Girad for an offence punishable under Section 409 read with Section 34 IPC, applicant shall be released on anticipatory bail upon his executing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like sum. Anticipatory bail granted by this order to the applicant is operative only till 14th August 2009. Applicant shall formally surrender before the Court of JMFC, Samudrapur on or before 14th August 2009 and apply for regular bail which shall be considered on its own merit by the said Court. Needless to mention, Investigating Officer shall be at liberty to apply for appropriate remand order before the concerned Court. 3 Application stands disposed of accordingly. Hamdast granted. Judge. Hsj