Hukumchand S/O Kejaji Bataghare v. State Of Maharashtra, Through P.S.O. P.S. Patan, Yavatmal

1 aba135.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.135/2016 Shri Hukumchand S/o Kejaji Bataghare ..Versus..

State of Maharashtra, through the Police Station Officer, Police Station, Patan, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 23.3.2016 Heard Shri R.D. Bhuibhar, advocate for the applicant and Shri A.D. Sonak, A.P.P. for the non-applicant. The applicant is seeking pre-arrest bail apprehending arrest in crime registered against him for the offence punishable under Section 409, 477-A read with 34 of the Indian Penal Code. According to the non-applicant, the applicant has misappropriated the amount of Rs.49,000/- in 2011 showing that it is utilized for levelling the play ground. The applicant was working as Gramsevak at that time. The applicant has retired on 31st December, 2013.

The complaint about the alleged

2 aba135.16 misappropriation is filed by the Block Development Officer, Panchayat Samiti on 8th February, 2016.

The learned A.P.P. has submitted that the custody of applicant is required to seize/recover the original documents showing the details of expenditure of amount. In my view, the reasons given for seeking custody of applicant cannot be accepted inasmuch as the original documents may be with the office of Panchayat Samiti. It is not the case of the Investigating Officer that he has tried to seize the documents from the office of Panchayat Samiti and the documents are not found in the office of Panchayat Samiti.

Considering the facts on the record and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the interim order granted by this Court on 10th March, 2016 is required to be confirmed, however, on certain conditions.

(i) In the event of arrest of applicant in Crime No.14/2016 registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent surety in the like amount. (ii) The applicant shall attend the police station Patan, District

3 aba135.16 Yavatmal on 2nd April, 2016 and 9th April, 2016 between 11 a.m. to 1 p.m.

(iii) The application is allowed in the above terms. JUDGE Tambaskar.