(1) CRI.APP. 2862.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2862 OF 2010 Nareshchandra S/o Subhash Joshi, Age 38 years, Occu.: Service, R/o Patelwadi, Tq. Nandurbar, District Nandurbar .. Applicant VERSUS 1. The State of Maharashtra 2. The District Superintendent of Police, Nandurbar, District Nandurbar (Copy for respondents to be served on Public Prosecutor, High Court Bench at Aurangabad) .. Respondents Mr. K.C. Sant, Advocate for the Applicant Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicant seeks directions under section 438 of the Code of Criminal Procedure. He has been granted ad-interim anticipatory bail vide order dated 28.7.2010. (2) CRI.APP. 2862.2010 2. The applicant is a cashier and was attached to Zilla Parishad, Nandurbar, in the Health Department. A report is lodged against him for alleged misappropriation of certain amounts, particularly that of Rs. 3,39,471/- which was the amount encashed by demand draft. He contended that he paid the amount to Shri B.L. Patil towards the Provident Fund amount due. He produced a receipt signed by said Shri B.L. Patil, the ex-staff member. A report of handwriting expert was called in respect of the signature found on the receipt because it was suspected to be a dubious and fabricated receipt. The report submitted by the Assistant State Examiner of Documents, C.I.D., M.S., Pune, prima facie indicates that no definite opinion could be expressed by him. 3. The applicant might have committed certain irregularity while disbursing the amount or rather following due procedure for such purpose. However, since day one he has come out with a case that he paid the said amount to Shri B.L. Patil, the retired (3) CRI.APP. 2862.2010 Medical Officer, towards the due P.F. amount. Considering the explanation of the applicant and the indefinite opinion of the handwriting expert, it will have to be stated that arrest of the applicant may not be required for effective investigation. He is likely to be humiliated in the event of arrest. 4. For the reasons afore-stated, the Application is allowed. Ad-interim bail order dated 28.7.2010 is conformed. The anticipatory bail will come to an end on filing of the chargesheet. Sd/- [V.R. KINGAONKAR, J.] arp