Point of Law: Humane attitude is required to be adopted by Judge while dealing with application for remanding a suspect or an accused person to police custody or judicial custody. Criminal antecedents of accused need to be seen coupled with other factors for grant of bail. There is no doubt that grant or denial of bail is entirely discretion of Judge considering a case but even so, exercise of judicial discretion has been circumscribed by a large umber of decisions rendered by this Court and by every High Court in country.

ORDER :

1. The applicants are seeking bail in connection with Crime No. 345/2019 registered with Majalgaon City Police Station, Dist. Beed by taking aid of Section 439 of Cr.P.C.

2. The facts of the prosecution case in narrow compass are as under :-

(a) Mr. Krushna Shriram Jogdand, working as Civil Engineer on the establishment of Municipal Council, Majalgaon lodged complaint on 24.12.2019 with Majalgaon City Police Station on the basis of authority letter given by Mr. Vivek Johnson, Chief Officer, dated 23.12.2019. It was in respect of misappropriation of government funds under various schemes introduced by the Government in the 14th Finance Commission allocated to the Municipal Council, Majalgaon, Dist. Beed.

It is stated in the complaint that as per the directions of the State Government vide letter No.TFC 8105/Pra Kra. 106 Navi 4 dated 03.08.2015, the Municipal Council was required to disburse 50% of the total amount received from the 14th Finance Commission on the amenities such as waste Management, sanitary blocks, toilets and urban tree plantation. The remaining 50% of the funds was required to be utilized for various works under the scheme of ‘Swach Bharat Abhiyan’. The budget was to be utilized only for the essential works under the scheme of ‘Swach Bharat Abhiyan’. After completion, NOC was to be obtained from the Government. It is alleged that budget allotted to the Municipal Council for utilization under the scheme of ‘Swach Bharat Abhiyan’ was not utilized as per the mandatory directions issued by the State Government. It is alleged that budget was utilized for the works not permitted or not mentioned under the scheme of ‘Swach Bharat Abhiyan’. The Chief Officers (accused Nos. 1 to 3) during the tenure for the years 2016-2017 and 2017-2018 being the Head of Administration ought to have obtained prior permission from the Collector/State Government for utilization of funds for other works or under other scheme. The respondents/respective Accountants (Accused Nos. 4 to 7) are equally responsible for the misutilization of funds. List/charts were annexed with the complaint, giving all the details of the work and misutilization of funds.

(b) According to the prosecution case, the applicants/accused with the aid of co-accused alleged to have misappropriated government funds to the tune of Rs.4,13,97,942/-. The Government has appointed one Enquiry Committee. The Enquiry Committee has given its report and on that basis, it was directed by the Directorate of Municipal Administration to take appropriate action.

(c) Upon receiving the complaint in writing from the authorized person Mr. Krushna Jogdand, Civil Engineer, Crime No.345/2019 came to be registered against the applicants and other co-accused for the offences punishable under Sections 420, 409, 467, 468 and 471 read with Section 34 of Indian Penal Code.

(d) The applicants came to be arrested in the above said crime and were interrogated in the Police custody. The documentary evidence was collected during the course of investigation. In all, involvement of 8 accused persons was revealed during the course of investigation and accordingly, all of them came to be arrested including the present applicants. Accused No. 4 (as per charge-sheet) Suryakant Dnyanoba Suryawanshi is reported dead after filing of charge-sheet.

(e) The investigation is completed. The applicants had applied for bail after filing of the charge sheet, but their applications for bail came to be turned down by the respective courts below.

(f) The following are the details of applicants/accused :-

(g) The Investigating Offi