- 1 - 729.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.729 OF 2011 Shankar Nanaso Pawar .. Applicant vs The State of Maharashtra .. Respondents Ms.Varsha Palav i.b M/s The Laureate for Applicant Ms.P.P.Shinde APP for State Mr.Rahul Kate for Intervenor CORAM: J.H.BHATIA, J DATE: 29th August, 2011 P.C. 1. Heard learned counsel for the parties. 2. The applicant seeks anticipatory bail in crime No.61/2011 of Umraj police station. 3. According to the prosecution, the Applicant is Sarpanch of village Kalgaon Taluka Karad. Indira Awas Yojana was - 2 - 729.11 sponsored by the government and implemented through panchayat samiti. The Gram panchayat has to supervise implementation of the scheme, under which poor and house less people of the village are given some monetary aid for construction of their own houses. The Applicant as a Sarpanch of village got sanctioned the construction of a house in favour of one Maruti Shivaji Ware, and a cheque of Rs.43,500/- was issued in the name of said Maruti Shivaji Ware as aid. However, the Applicant and one Nikhil Ware joined hands and they opened a saving account in the name of Maruti Shivaji Ware in District central cooperative bank Kalgaon. For the purpose of opening the account, Nikhil Ware impersonated himself as Maruti Shivaji Ware and put his own photograph as Maruti Shivaji Ware. The present applicant identified the said Nikhil Ware as Maruti Vare for the purpose of - 3 - 729.11 opening the account. Having opened the account, the said cheque of Rs.43,500/- issued by the Gram panchayat in favour of Maruti Shivaji Ware was deposited in that account and thereafter the said amount was withdrawn by Nikhil Ware impersonating himself as Maruti Shivaji Ware and every time he was identified by the present applicant as Maruti Shivaji Ware. From this, prima facie it appears that the present Applicant who is the Sarpanch of the village, entered into a conspiracy and collusion with Nikhil Ware to defraud the government. They cheated the government by withdrawing Rs.43,500/-, which was sanctioned in the name of Maruti Shivaji Ware. The Applicant being as Sarpanch and public servant appears to have committed serious offence which needs to be investigated. Therefore, it is not a fit case to grant anticipatory bail. - 4 - 729.11 Application stands rejected. J.H.Bhatia, J