1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.368 OF 2011 WITH CRIMINAL APPLICATION (ABA) NO.369 OF 2011 (UMESH PRABHAKAR WANKHEDE //VS// STATE OF MAH. THR. PS.O. BARSHITAKLI, DISTT. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.L.Khapre, Advocate for Applicant. Mr. S.S.Doifode, A.P.P. for Respondent/State. Mr. A.R.Deshpande, Advocate to Assist Prosecution. CORAM : M.N.GILANI, J. DATE : DECEMBER 08, 2011. In both these applications the applicant being common and the allegations levelled against him also being common, although arising out of two different first information reports, they are being disposed of by this common order. The Tribal Development Department of Government of Maharashtra at Akola was to implement a scheme of assisting tribals in digging and constructing wells and then installing motor pump on such well. In turn the Tribal Development Department engaged services of accused No.3 Gajraj Swayamrojgar Seva Sahakari Sanstha Maryadit, Akot. This society having its place of work at Akot was required to spend amount towards digging and constructing the well and also towards installing motor pumps on them. One Geetabai Devidas Girhe and Kalanu Sakharam Magade, both beneficiaries under the said scheme filed complaint case before Judicial Magistrate First Class at Akot alleging that both have been cheated by the said society as well as by the applicant. The society did not complete the 2 work of digging and constructing the well and also installed sub-standard/ old motor pump on the well. As such, beneficiaries as well as department of the Government have been cheated. By showing that they had completed the entire work as per expectation, the bills have been lodged and then amount was realized and misappropriated. The learned Magistrate directed investigation under Section 156(3) of the Code of Criminal Procedure. Admittedly, the job of constructing well was entrusted to Gajraj Swayamrojgar Seva Sahakari Sanstha Maryadit, Akot. Privy of contract or understanding was between the office of Tribal Development Department and the said society. The present applicant, who is teacher by profession, is not directly involved. The allegations against him are that on behalf of the said society he was actually executing the work. However, there is no documentary proof to suggest that the applicant was appointed as contractor or sub-contractor by the said village society to execute the work. There is also nothing like the applicant submitting compliance report etc. to the said village society. The scheme pertains to the year 2007. It is stated that the amount was realized by the village society in the year 2007 itself. That being so, custodial interrogation of the applicant, even assuming that he is involved in one or the other offences alleged, does not appear necessary. In that light of the matter, both the applications are allowed. In the event of his arrest in Crime Nos. M- 4/140/2011 and M-5/141/2011, registered with Police Station, Barshitakli, Tahsil and District : Akola for the offence punishable under Sections 417, 418, 426, 427, 430, 465, 471, 477-A, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(vi)(ix)(x) of the Scheduled Caste and 3 Scheduled Tribes (Prevention of Atrocities) Act, 1989 the applicant is directed to be released on bail on his executing P.R. Bond of Rs.Twenty Five Thousand with two sureties in the like amount with the condition that he shall attend the concerned Police Station as and when called by the Investigating Officer for investigation purpose. JUDGE RR..