1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4558 OF 2009 Ramsingh s/o. Hilal Patil, District Agricultural Officer (General) Zilla Parishad, Buldhana, Dist. Buldhana. ....Applicant. Versus The State of Maharashtra & another ....Respondents. Mr. P.R. Patil, Advocate for the applicant. Mr. N.B. Patil, A.P.P. for the respondents. CORAM : A.V. POTDAR, J. DATE : 14th January, 2010 PER COURT : 1. By the present application, the applicant prays for his release on anticipatory bail, in the event of his arrest in connection with Cr. No. 106/2009, registered at Bhadgaon Police Station, arising out of Regular Criminal Case No. 90/2009, for the alleged offences punishable under sections 166, 465, 468, 177, 471, 409, 420 r/w. 34 of the Indian Penal Code. 2 2. Heard the learned counsel appearing for the applicant followed by the submissions of the learned A.P.P. appearing for the State. Also perused the papers of investigation till carried out. It appears that one Vijay Dhoda Patil filed private complaint against the present applicant and one Shivaji Vikram Suryawanshi in the Court of Judicial Magistrate, First Class, Bhadgaon, which was initially numbered as Regular Criminal Case No. 90/2009. After recording the verification statement of the said Vijay Dhoda Patil, the learned J.M.F.C. passed the order of inquiry under section 156 (3) of Cr.P.C to carry out the investigation. It further appears that the on the basis of said order, the offence came to be registered at Bhadgaon Police Station vide Cr.No. 106/2009, in which the investigation is in progress. On bare perusal of contents of paragraph Nos. 3 and 4 of the complaint shows that there are allegations against this applicant, who is undisputedly working as Taluka Agricultural Officer and against the Shivaji Vikaram Suryawanshi, who is working at Shivani as Assistant Agricultural Officer. So far as the allegation in para No. 3 in respect of village Shivani is concerned, the name of one Hilal Fattesingh Patil was deleted and the names of wife of present applicant Sou. Alkabai Ramsingh Patil, one Bhikan Jalam Patil and applicant himself is inserted. It is alleged that under the scheme of the Government to provide aid to the agriculturists who are affected due to excessive rain, orders were issued by the Government to carry out the survey and to draw the panchanma about the damage caused to the standing crops of the agriculturists at village level. The committee is established including 3 Assistant Circle Agricultural Officer, Sarpanch, Police Patil and Village Kamgar Talath. In their presence along with the assistance of the sufferer agriculturists panchanamas of the standing crop and the area therein were prepared at the village level. There is allegation that in the panchanama prepared at village Palaskhed, there were names of 21 agriculturists and while submitting the list, the name of Gulabsing Lakdusing was added and the list of 22 persons was submitted. So far as village Mehendale is concerned, it is alleged that the name of 55 agriculturists were included in the said list and four names were added i.e. Vishwanath Abhiman Patil, Jaisingh Jalam Patil, Rajendra Bhimrao Patil and Rekhabai Dattu Patil. So far as as village Bhadgaon is concerned, it is alleged that the area of the acreage of Shaikh Umar Shaikh Rajjak was reduced to 0.70 R. from 1.00 R. In the list of 39 beneficiary, name of Jaisingh Jamal and Suresh Gangaram were included. At the same time area of field of Jafarkhan Afzalkhan was reduced to 0.80 R. from 1.20 R. 3. During the course of submissions across the bar, the learned counsel appearing for the applicant has drawn my attention towards the list prepared by the committee appointed at the village level. This list shows so far as village Shivani is concerned, there is panchanama in respect of 22 beneficiaries, so far as village Bhadgaon is concerned, there is panchanama is in respect of 41 beneficiaries, so far as village Palaskhede is concerned, it is in respect of 22 beneficiaries, while village 4 Mahindale is concerned, there is list of 60 beneficiaries under panchanama. It is brought to the notice of this Court that the present applicant is not a signatory, nor a party to the panchanamas of the list of beneficiaries at the village level. It is also brought to the notice to the concerned Assistant Circle Agricultural Officer, who was present at the time of this work of survey and panchanamas, that earlier replies were received and when the replies were not received in time, from time to time reminders were sent to them. This fact is brought to the notice of the higher officials like District Agricultural Officer as well as Sub Divisional Agricultural Officers and thereafter, the list was forwarded to the bank and the payments were made by the bank through cross cheques, which were deposited in the individual account of the beneficiaries. It is also brought to the notice of this Court certain correspondence which was carried out by Shivaji Suryawanshi to the higher officials in the name of the present applicant, admitting guilt by sending fax message, for which show cause notice was issued by the present applicant. 4. While opposing the bail application, it is tried to brought to the notice of this Court that this applicant had misappropriated and carried out certain otherwise documents in respect of four villages. While drawing my attention towards list of beneficiaries forwarded by the present applicant in respect of village Palaskhede, three names were deleted and four names of other persons were included in the list 5 forwarded to the bank. So far as the list of beneficiary from village Bhadgaon is concerned, it is tried to brought to the notice of this Court that the areas of two beneficiaries were reduced, name of two beneficiaries were deleted from the list forwarded to the bank and at that time name of 8 persons were not forwarded to the bank. It is also tried to brought to the notice of this Court that the name of present applicant, his wife were included in the list of beneficiaries forwarded to the bank at village Bhadgaon. So far as the beneficiaries from village Shivani are concerned, name of two persons were found to be deleted. Thus, according to the learned A.P.P. for the State, while forwarding the names of beneficiaries to receive the compensation as against the damage of standing crops which were standing in the field, there is misrepresentation of list of beneficiaries at the hands of this applicant to the bank which amount to a fraud. It is also tried to urge across the bar that when the complaints were received at village level, certain inquiry was conducted, in which the present applicant has admitted his guilt by sending the letter to the inquiry committee and that was much prior to lodging of the present F.I.R. In the premise, the learned A.P.P. prays that the application for bail may be rejected. 5. Considering these submissions across the bar, let us try to analyse the submissions one by one. So far as the allegation about the list prepared at village level after drawing of panchanamas by the committee appointed to survey the actual damage caused at the villager is 6 concerned, it is admitted position that this applicant was not a party to these panchanamas. Further, it cannot be disputed that the list of such all beneficiaries, of whose lands panchanamas were prepared, was forwarded to the office of present applicant. From the record produced, it appears that there is variance between the list tendered and furnished. The fact cannot be overlooked after noticing certain interpolation, alteration and scrolling in the list received by the present applicant. He had sent the communication to the concerned Assistant Agricultural Officer, who was present at the time of survey and prepared the panchanamas. Repeatedly reminders were also sent to the officers to sent their explanation about the allegations about overwriting, interpolation and corrections carried out in the list of beneficiaries forwarded to the office of the applicant. There is acknowledgment on the copies of the letters produced on record. On careful perusal of these communications, it found that the number of beneficiaries which were shown in the list, they are 22 so far as village Palaskhede is concerned, 60 so far as village Mahindale is concerned, 22 so far as village Shivani is concerned and 41 so far as village Bhadgaon is concerned. If these are the lists received in the office of present applicant, for which he has called for explanation from the concerned persons, who prepared these lists of beneficiaries, the applicant cannot be faulted at this stage. 6. Now the second submission that name of some of the persons were deleted from the list received form the concerned officials who 7 have carried out the survey and panchanamas at the village level. My attention is drawn to the names of those persons, whose names were deleted from the list to be sent to the bank to pay the compensation, are the persons who are having no standing crops in the land at all or their names were included in the list as they are holding well or barren land. In the premise, if those names are deleted then the applicant cannot be faulted. It is also brought to my attention that there is no addition of names and all the names are in the list. The objection raised only about the inclusion of the name of the present applicant along with the name of his wife in the list of beneficiaries which was sent to the bank at Bhadgaon and not at Shivani. It is nobody's case that the applicant and his wife received benefit twice, but it is the case that they received the benefit from the bank at Bhadgaon and not at village Shivani. It is not disputed that the applicant as well as his wife is holding the land at Shivani. If on the bare perusal of the documents, if this is the position about the documentary evidence, it cannot be said that there is falsification and fabrication of the documents at least at this stage at the hands of present applicant. In the premise, the case is made out to exercise the discretion of this Court under section 438 of Cr.P.C. In the premise, the application deserves for the following order. ORDER 1. Application is allowed. 2. In the event of arrest of the applicant in connection with Cr. No. 106/2009 registered at Bhadgaon Police Station, he be released on 8 furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount. 3. During the pendency of investigation, the applicant to attend Bhadgaon Police Station once in a week on every Sunday in between 1-00 p.m. to 3-00 p.m. till the chargesheet is filed. 4. Application stands disposed of in above terms. [ A.V. POTDAR, J. ] ssc/ca4558.09