1 ABA-840-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 840 OF 2011 Mr. Vijay Raghunath Jangam ... Applicant vs. The State of Maharashtra ... Respondents Mr. Harshad V. Bhadbhade,Advocate, for the applicant. Mr.Y.M.Nakhwa,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 12th October, 2011. P.C. 1. The applicant seeks anticipatory bail in Crime No.22/2011 registered by Mandangad Police Station for the offences under Sections 406, 381 read with Sec. 34 of IPC. 2. To state in brief, the prosecution case as per the FIR is that on 6.9.2011, some anonymous person informed the Project Officer on mobile phone that one Sonphule, Superintendent of Hostel of Ashram School at Veral had given certain grains and pulses to grinding contractor Vijay Raghunath Jangam and had misappropriated the same. The informant also informed that the grains and pulses were given by contractor Vijay to one Namdev Rahate and he was in 2 ABA-840-11.sxw possession of the same. On the basis of this information, the officers approached Namdev Rahate who admitted that he had received 100 kg. rice and 30 kg. Gram Dal from the contractor Vijay Jangam. That property worth Rs.3,000/- was recovered and seized from said Namdev Rahate. On the bass of his statement, the officers approached the present applicant who was grinding contractor. According to him, the Hostel Superintendent Sonphule had gven material to him and had directed that the same should be handed over to Namdev Rahate and accordingly he had handed over the same to Namdev Rahate. In view of the FIR, even if there is any case of misappropriation against the Superintendent Sonphule,the present applicant, who was running flour mill for grinding the pulses and grains and who had acted as per the instructions given to him by the Superintendent Sonphule, prima facie, does not appear to be involved in commission of any misappropriation. 3. In view of the above, in the event of arrest in Crime No.22/2011, the applicant be released on his executing P.R. of Rs.5,000/- with one surety on condition that he shall make himself available to police as and when required for the purpose of investigation. (J.H.BHATIA,J.)