{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2695 OF 2010 Shivram s/o Kachru Lanke, Age-36 years, Occ-Agriculture R/o Village Chikhli, Tq-Shrigonda Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Shrigonda police station, Tq-Shrigonda, Dist-Ahmednagar RESPONDENT ....... Mr. Sandip S.Deshmukh, Advocate for the applicant Mrs.V.A.Shinde APP for respondent State Mr. M.A.Shaikh, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd July 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.232/2010 registered with Shrigonda police station for an offence punishable u/s 420, 408, 409 r/w 34 of the Indian Penal Code. {2} 2. It appears that the applicant is protected by way of interim protection by this Court vide order dated 14.07.2010. 3. Today, when the application came up for final hearing, heard learned counsel for the applicant, followed by learned APP and learned counsel for original complainant. 4. It appears that the present complaint came to be lodged after an inquiry was conducted and it was noticed that funds, allotted to one Mrs.Chintamani Suvarna Vinayak for construction of house under a scheme implemented by the Government to provide houses to the homeless persons from Below Poverty Line, are misused. It appears that a list of such homeless persons from Below Poverty Line, was prepared by Gram Sevak concerned. As per the said scheme, a village level committee was constituted to supervise the implementation of the said scheme. Accordingly, as per the report of the said committee, funds were released by Block Development Officer, Shrigonda. It appears that the funds of Rs.25,000/- were granted to Mrs.Chintamani for construction of a house, however it is alleged that instead of constructing a house, she has utilized the said funds for renovation of her existing house. Admittedly, said Mrs.Chintamani is not arrayed as an accused so also all the members of the village level committee are not arrayed as accused. Apart from it, the funds were not actually entrusted to the applicant and hence it prima facie appears that the applicant cannot misuse / {3} misappropriate the funds as the said cheques were directly issued to the beneficiary. In the premise, case is made out to enlarge the applicant on anticipatory bail. 5. In the result, the application is allowed. Interim protection granted in favour of the applicant on 14th July 2010 is hereby confirmed and to remain in force till filing of the charge sheet. The Investigating Officer is directed to interrogate the beneficiary and other members of the village level committee and if necessary array them as accused in this offence. Thus, the application stands disposed of. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/B10/criapln2695-10 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2890 OF 2010 IN CRIMINAL APPLICATION NO.2695 OF 2010 Nathmal Zumberlal Mandot APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.M.A.Shaikh, Advocate for applicant / original complainant Mr. Sandip S.Deshmukh, Advocate for original applicants Mrs.V.A.Shinde APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd July 2010 PER COURT: 1. Heard learned counsel for the applicant. Issue notice to the respondents. Learned APP accepts notice for respondent No. 1 and Mr.Deshmukh for respondent No.2. 2. By the present application, u/s 301 (2) of the Criminal Procedure Code, the applicant / original complainant seeks leave to allow him to assist learned APP while opposing criminal {5} application No.2695/2010 for which the respondents must not have any objection. In the premise, the application is allowed in terms of prayer clause “A” and “B” and stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2695-10