cra2286.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2286 OF 2011 Vishnu s/o Sambhaji Waghmode, Age-47 years, Occu:Service, Working Executive Engineer in Maharashtra Jeevan Pradhikaran, R/o-Barsi Road, Near Water Tank, M.J.P., Latur, Dist-Latur. ...APPLICANT. VERSUS 1) The State of Maharashtra, Through Police Inspector, Police Station, Jalkot, Dist-Latur, 2) The Superintendent of Police, Latur, Dist-Latur. ...RESPONDENTS. ... Shri.A.G. Mukhedkar Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondents. ... CORAM: T.V. NALAWADE, J. DATE : 30TH JUNE, 2011. PER COURT : 1. Heard learned counsel for the parties. cra2286.11 2 2. This Application is filed for anticipatory bail in C.R. No.40 of 2011 registered in Jalkot Police Station, Latur for the offences punishable under Sections 406, 409, 420, 468, 471 read with 34 of the Indian Penal Code. The crime is registered on the basis of report given by one Shivaji Dhulshette, who is secretary of Gramin Pani Purwatha Va Swachata Samiti, Jalkot. His wife is the President of this committee. 90% amount is sanctioned by the State Government and 10% is collected from public contribution, for implementation of scheme for supply of drinking water to the villagers of Jalkot. Initially the cost of the scheme was Rs.2,48,95,000/-. Agreement was entered by the committee with the Executive Engineer whose department was to have supervision over the work and one contractor was appointed by the committee to execute the work. There are allegations made by the secretary that when the work of the value of Rs.1,36,57,030/- was not cra2286.11 3 executed, such amount was given to the contractor by the committee on the basis of measurement done by Engineer, and excess amount of Rs.26,04,139/- was given to the contractor. 3. Though the report is given by the secretary of the committee, the papers of investigation and papers produced, particularly by the contractor in the proceeding which was filed by him, show that the contractor has made allegations against the Secretary and President of the committee that they had demanded commission and accordingly he gave the commission to them. He has also made allegations that they had intentionally delayed the payment. The record shows that Executive Engineer had written to sub- divisional engineer that the measurements were not brought before him and the payments were made behind his back and approval regarding measurement was also given by sub-divisional engineer at his level when he ought to have brought the matter cra2286.11 4 before the Executive Engineer. The Executive Engineer, the present Applicant had written to the Zilla Parishad also in this regard and he had pursued the matter. There is a letter of the contractor showing that he has admitted that excess payment was made and particulars of the items are also given, in which excess payment was made to the contractor. 4. The Application filed for anticipatory bail is withdrawn by two deputy engineers and one sub-divisional engineer. There are signatures of those persons on the measurement books and the bills which were prepared for making the payments. There are no signatures of the present Applicant, Executive Engineer, on any paper; and on the contrary, there is correspondence to show that he had questioned the Sub Divisional engineer and even the committee about making of excess payment. Only due to this circumstance, this Court holds that relief of anticipatory bail can be given to cra2286.11 5 the Executive Engineer, present Applicant. It is desirable for the investigating machinery to go through the papers made available by the contractor and make investigation in respect of the documents supplied by the Applicant also. Hence the order: (1) Criminal Application No.2286 of 2011 is allowed. (2) In case of arrest of the Applicant in C.R. No.40 of 2011, registered with Jalkot Police Station, Latur, for the offences punishable under Sections 406, 409, 420, 468, 471 read with 34 of the Indian Penal Code, he be released on bail on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). (3) Applicant to co-operate with the police and remain present in the police station as and when required for the cra2286.11 6 purpose of investigation. (4) Applicant shall not tamper with the prosecution witnesses. [T.V.NALAWADE, J.] asb/JUNE11/cra2286.11