The central legal point established in the judgment is the firm stance against economic offences and the necessity of custodial interrogation in cases of misappropriation of government funds and creation of false records under government schemes.

1. Criminal Application No. 3409, 3410, 3429, 3496 of 2013 are filed in C.R. No. 15/2013 registered in Mukhed Police Station, District Nanded. This crime is registered in respect of the work executed in Gavthan of village Akharaga. Criminal Application Nos. 2960, 3209, 3165, 3080 of 2013 are filed in C.R. No. 23/2013 registered in Loha Police Station, District Nanded and Criminal Application Nos. 2992, 2986, 1992, 1923 and 2852 of 2013 are filed in C.R. No. 13/2013 registered in Mukhed Police Station, District Nanded. All the applications are filed for relief of anticipatory bail. Both the sides are heard.

2. There is allegation of misappropriation of Government money and there is also allegation of creation of false record in respect of work executed and in respect of labour force used for execution of the work. These works were executed under National Rural Employment Guarantee Scheme and Maharashtra Rural Employment Guarantee Scheme. All the crimes came to be registered after giving directions by concern Judicial Magistrate, First Class under section 156 (3) of Criminal Procedure Code in private complaints filed by some persons of the respective regions. Initially the investigation was being carried by the concern police stations. When many such instances were noticed, the investigation came to be handed over to crime branch. The crimes are registered for offences punishable under sections 420, 467, 468, 471, 409, 34 etc. of I.P.C.

3. The counsel appearing for the applicants referred the provisions of Maharashtra Employment Guarantee Act, 1977, National Rural Employment Guarantee Act, 2005 and Maharashtra Amendment Act, 2006 which amended Maharashtra Employment Guarantee Act, 1977. Both the sides showed some Government Resolutions, Circulars and letters issued by the concern department of the Government for implementing the schemes and the provisions of the aforesaid Acts. It can be said that the Officers are trying to blame each other and submissions were advanced to the effect that there was no responsibility of the Officers who have come to the Court in respect of execution of the work or the creation of the record. It was submitted for the Members of Gram Panchayat that the Revenue Officers and Officers of Zilla Parishad are responsible for everything and on the other hand, argument was advanced for Tahsildar, Block Development Officer (B.D.O.), Agricultural Officer that it was responsibility of Gram Panchayat. Some of the applicants are also from technical side and they are working with Zilla Parishad and it was submitted for them that they had no administrative power with regard to sanction of the amount and so, they cannot be held responsible.

4. This Court has gone through the provisions of aforesaid three Acts, the Government Resolutions, the Circulars and the correspondence made by the concern department of the Government with the Officers, who were implementing the scheme. The aforesaid Acts and the other record show that Maharashtra State Government had already started schemes for giving employment to unskilled labours from rural area. All such schemes were brought under one Act by the State under the Act of 1977. When National Rural Employment Guarantee Act 2005 (hereinafter referred to as 'the Central Act') was enacted, this State made amendment to aforesaid Act of 1977 to incorporate the provisions of Central Act. The amendment Act came to be called as Maharashtra Employment Guarantee (Amendment) Act, 2006. There are allegations against the applicants that after the year 2010 the amount was misappropriated by creating false record and so, it can be said that the provisions of either Central Act or the Amendment Act of 2006 need to be considered.

5. Under section 6 of the Act of 1977, Collector was responsible for implementation of the scheme. He was expected to prepare project and he was also to take care of implementation of the scheme in his district. He was the implementing Officer for the distri