IMPORTANT POINTS
Anticipatory bail should be granted where there are allegations of corruption and misappropriation of public fund/ appellants indulge in court hopping for anyhow getting anticipatory bail/ anticipatory bail is likely to interfered with custodial interrogation thus hampering investigation.

JUDGMENT :

Prafulla C. Pant, J.

Leave granted.

2. All these four appeals are directed against common order dated 29.1.2015, passed by the High Court of Judicature at Bombay, Bench Aurangabad, in Criminal Application Nos. 4526 of 2013, 4527 of 2013, 4528 of 2013 and 4529 of 2013 whereby anticipatory bail granted by the Additional Sessions Judge, Jalgaon, to the appellants in connection with C.R. Nos. 71 of 2013 and 73 of 2013, registered at Police Station Dharangaon, relating to offences punishable under Sections 409, 420, 467, 468, 477A read with Section 34 of Indian Penal Code (IPC) and under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, is cancelled.

3. We have heard learned counsel for the parties and perused the papers on record.

4. Brief facts of the case are that appellants Chandrkant Wagh and Sudhir Dahake are Executive Engineer and Sectional Engineer respectively in Rural Water Supply Department of Zilla Parishad, Jalgaon. Two First Information Reports were registered against them with the serious allegations of criminal misappropriation of funds released for implementation of schemes of drinking water in the villages of Waghlud and Sonwad Khurd in Tehsil Dharangaon. C.R. No. 71 of 2013 relates to Waghlud and C.R. No. 73 of 2013 relates to village Sonwad Khurd. The FIRs in respect of these crimes appeared to have been registered only after enquiries were made under directions of Revenue Commissioner, by Deputy Commissioner (Development), Nasik Region, who found substance in the allegations against the appellants. In C.R. No. 71 of 2013 there is allegation of misappropriation of Rs.28.35 lacs, and in C.R. No. 73 of 2013 the allegations relate to misappropriation of Rs.13.75 lacs. In respect of village Waghlud one Mangal Ganpat Patil was shown as contractor, but no such contractor was found in existence. Vouchers shown regarding payment of Rs. 14.94 lacs were found false, which related to construction of overhead water tank in Waghlud village which was already in existence in said village under another scheme. The amount of first installment of Rs.1.43 lacs and second installment of Rs.1.44 lacs for construction of public toilet was found to have been made falsely, as no construction of public toilet was made in the village. The amount was shown to have been made to one Rohitdas Aawasu Koli. Two measurement books were kept to submit exaggerated revised estimates. Rs.1.30 lacs was shown to have been spent on erection of barbed wire in village Waghlud, but no work of fencing was done in the village. In the village Sonwad Khurd (C.R. No. 73 of 2013) work included relating to digging of bore well, fixing of pump and machinery, construction of pump house, and laying the pipeline. Barbed fence was also one of the works to be executed in village Sonwad Khurd. Most of the payments in respect of these works are shown to have been made in cash.

5. The High Court has taken note of the fact that initially Mr. V.S. Dikshit, learned Additional Sessions Judge, Jalgaon, declined to grant anticipatory bail to the accused-appellants, and appellant Chandrakant Wagh moved Criminal Application Nos. 2908 and 2909 of 2013 in connection with above two FIRs before the High Court praying pre arrest bail. The applications were withdrawn and the High Court, after recording statement of the counsel, disposed of the two applications as withdrawn. Thereafter, appellant Chandrakant Wagh moved fresh anticipatory bail application Nos. 867 and 868 of 2013 before Mr. D.P. Surana, learned Additional Sessions Judge, and succeeded in obtaining the order of anticipatory bail. The High Court took serious note of this fact in the impugned order passed on the applications moved by the complainant for cancellation of bail before it. Appellant Sudhir Dahake, Sectional Engineer, also appears to have obtained anticipatory bail from the Court of Additional Sessions Judge, Jalgaon. Allegations against him were specific as he was supervi