S PUTTA S/O SOMLA NAYKA Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Special Public Prosecutor.

(2.) The petitioner is an Assistant Executive Engineer against whom it is alleged that he along with two others were instrumental in having defalcated and in misappropriating a sum of Rs.39,742/- on the pretext of renovating 'Samudhaya Bhavana', when no such work has been carried out. This having been discovered, a case has been registered against the present petitioner and others. It is stated that accused No.1 has been granted anticipatory bail, whereas the present petitioner, by parity of reasoning, would also seek such anticipatory bail.

(3.) It is noticed that accused No.1 has been granted the relief on his depositing a sum of Rs.40,000/- with the concerned authority. Therefore the petitioner shall also be entitled to the relief, only on the condition that he shall also make such deposit. Hence the petition is allowed. In the event the respondent Police should arrest the petitioner, he shall be enlarged on bail on the following conditions: