21.01.aba.548.12

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (ABA) NO. 548 /2012

(Bapu s/o Khandu Patil vs. State of Maharashtra: Th.PSO, Parwa)

AND

CRIMINAL APPLICATION (ABA) NO. 549 /2012

(Vivekanand s/ Prabhakar Todkari vs. State of Maharashtra: Th.PSO, Parwa)

AND

CRIMINAL APPLICATION (ABA) NO. 550 /2012

(Ku.Jaya D/o Trimbakrao Dhoke vs. State of Maharashtra: Th.PSO, Parwa)

..........................................................................................................................

Office Notes, Office Memoranda of

Coram, appearances, Court's orders Court's or Judge's order

of directions and Registrar's orders

.....................................................................................................................................................................

CORAM : M.L. TAHALIYANI, J.

DATED : 21^st January, 2013.

(Common Order):

Heard Mr. F.T.Mirza, learned counsel for the

applicants and Mr.S.M.Bhagde, learned Additional Public

Prosecutor for the respondent-State.

I have gone through the FIR and the reply

filed by the respondent-State. The applicants are

apprehending arrest in Crime No. 56/2012 of Parwa

Police Station, Tq.Ghatanji, Dist. Yavatmal for the

offences punishable u/ss. 409, 420 and 467 r/ws.34 of

the IPC. The applicant in ABA No. 548/2012

(hereinafter referred to as “applicant No.1”) was working

21.01.aba.548.12

2/3

as Gram Sevak attached to Titawi Gram Panchayat. The

applicant in ABA No.549/2012 ( hereinafter referred to as

“applicant No.2”) was working as Gram Rozgar Sevak

attached to the same Gram Panchayat; and applicant in

ABA No.550/2012 ( hereinafter referred to as “applicant

no.3”) was working as Junior Engineer of Zilla Parishad

on contract basis. The applicants are alleged to have

committed criminal breach of trust in respect of amount of

Rs. 76, 950/-. of the said Gram Panchayat.

One well was to be constructed in the field of

Mrs. Panchfula Kisan Atram under National Employment

Guarantee Scheme. It is alleged that the applicant no.2

had created false record of attendance of the workers

on the site and applicant no.3 had approved the

documents prepared by the applicant no. 2. As far as

applicant no.1 is concerned, he has allegedly prepared

certain documents in the Gram Panchayat on the basis of

documents prepared by the applicant no.2 on the site

where the well was to be constructed.

After having gone through the FIR and the

inquiry report conducted by the Department, it appears

that the applicant nos. 2 and 3 are mainly involved in

the alleged misappropriation. The well was not at all

constructed. However a part of well was constructed only

after

enquiry was initiated. The amount was

misappropriated before the commencement of the

21.01.aba.548.12

3/3

enquiry. The case needs further investigation and

custodial interrogation of the applicant nos. 2 and 3

may be needed. In view thereof, I pass the following

order:-

ORDER

The applicant in ABA

No. 548/2012

( applicant no.1)- Bandu Khandu Patil, Gram Sevak shall

be released on bail in the sum of Rs. 10,000/- with one

solvent surety in the like amount, in the event of his

arrest in Crime No. 56 /2012 of Parwa Police Station,

Tq. Ghatanji, Dist.Yavatmal, for the offences punishable

u/ss. 409, 420, 468 r/ws. 34 of the IPC. He shall attend

the Investigating Officer as and when called for by the

I.O. for the purposes of investigation of this case, till

filing of charge-sheet. ABA No. 548/2012 stands disposed

of.

Applicant in ABA No. 549/2012 ( i.e. applicant

no.2) and the applicant in ABA No. 550/2012 ( i.e.

applicant no.3) do not deserve anticipatory bail. Their

Bail Applications are rejected.