Heard with the aid of case diary.

This is an application u/s 139 CrPC. In connection with Crime No. 254/2003 for the offence punishable u/s 406, 409/34 of the IPC.

Applicant No.1 is the Secretary of Gram Panchayat and applicant No. 2 is the Sarpanch. Both have been arrested for misappropriation of about Rs. One lac which was sanctioned for construction of Primary Health Centre and Manglik Bhavan. According to the impugned order dated 10.2.2003, which is reflecting the defence of the applicant that they have used this amount for construction of Kharanja and fixation of irrigation pipe line after passing resolution of Gram Panchayat and Gram Sabha because these works were essential looking to the situation of drought. A detailed order has been passed by learned Third Additional Sessions Judge, Khargone in which he has opined that it is a case of mis-use of public money.

The applicants have been arrested. The offences are triable by Magistrate, First Class. Therefore, the same will take its own time for completion. Detention of the applicants are not needed for the purposes of investigation. Therefore, looking to the fact and feature of the case, this applicat