1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2840 OF 2010 Haribhau S/o.Bapurao Kulkarni Age-67 years, Occu-Agriculturist, R/o.Berali, Tal.Loha, Dist. Nanded APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.D.Gunale, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/08/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.102/2009, registered in Loha Police Station, in which the applicant after all his efforts became futile to release on anticipatory bail before the Lower Court to the Apex Court, surrendered before the Police authorities on 24/08/2009, and then, after completion of investigation, charge sheet was filed against the present applicant and his son on 05/04/2010 in the Court of J.M.F.C. Loha, Dist. Nanded. 2 2. Considering the submissions across the bar, perused the charge sheet. It appears that the applicant was collecting electricity bills from the customers, which require to be deposited with the MSEB on the same day. It appears that the amount which was collected by him was in the sum of Rs.55 lacs which, instead of depositing with the M.S.E.B., used by him for his own purpose. Further it is revealed from the papers of investigation that to destroy the claim of MSEB of recovering this amount from the applicant, he has also alienated his entire property with intention that in case civil suit is filed for recovery of this amount, even then the purpose of that suit will be frustrated for want of any movable and immovable property in the name of this applicant. Considering the fact that the offence is triable by the Court of Magistrate, age of the applicant, but considering the heavy punishment provided for the offence u/s. 406, 409 r/w. 34 of IPC, as the applicant has shown his willingness to furnish heavy surety, following is the order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on his furnishing local solvent surety in the sum of Rs.10,00,000/- (Rs.Ten lacs only) and on 3 furnishing PR bond in the like amount. 3. Learned Trial Court to accept this solvent surety after proper verification from Revenue Department as well as from Police Department to avoid further complications that the solvent surety is not issued by the proper revenue authority. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri-appl-2840-10