The petitioners are original accused Nos.5, 7, 2 & 8 respectively in Regular Criminal Case No. R-198/1989 pending before the Judicial Magistrate First Class, Court No.1, Nagpur. The petitioners along with other accused are charge-sheeted for the offence punishable under Section 406 read with Section 34 of the Indian Penal Code. The allegations, as can be gathered from charge-sheet, are that the petitioners and other accused had failed to deposit the amount of Provident Fund and Family Pension to the extent of Rs.8,94,150/- in the bank and had retained the said amount with them for a period of two months and have thereby committed an offence punishable under Section 406 read with Section 34 of the Indian Penal Code. At this stage, it will be convenient to reproduce the relevant portion of Section 405 of the Indian Penal Code:

"405. Criminal breach of trust- Whoever, being in any manner entrusted with property, or with any dominion over property dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal c