1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 239 OF 2011 (Dattaji Jadhav & Another Vs. State of Mah. PSO PS Ghatanji Distt. Yavatmal) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. N. Ghuge Adv for applicants. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 21st JULY, 2011. . This is an application under Section 438 of Criminal Procedure Code for grant of anticipatory bail to the applicants against whom offence bearing Crime No. 55 of 2011 is registered at Police Station Ghatanji under Sections 406, 409, 420, 477(A), 469 of Indian Penal Code. The Zilla Parishad floated Village Water Supply Scheme which is also called as Gram Panchayat Pani Purwatha Yojna. On 13.04.07 Gramsabha of village Wasari Taluka Ghatanji appointed applicant no.1 as President and applicant no.2 as Secretary of the "Gramin Pani Purwatha and Swacchata Samiti Wasari". Amount of Rs. 16,85,466/- was put at the disposal of the said Committee. In 2 the year 2010 it was revealed that the Committee did not execute the work although amount of Rs. 14,18,130/- was withdrawn. Matter was enquired into by the office of the Executive Engineer of Zilla Parishad Water Supply Department, Yavatmal. During enquiry it was revealed that the said Committee executed work of the value of Rs. 2,63,562/-, however, total amount withdrawn was Rs. 14,18,130/-. After having considered the evidence collected during investigation, learned Additional Sessions Judge rejected the application for anticipatory bail. Learned counsel for the applicant contended that report submitted by the office of the Executive Engineer cannot be accepted as it is, or as gospel truth. It was expected of the authorities to issue him Show Cause Notice. Without there being any opportunity given to the applicant, no presumption can be drawn to the effect that they have misappropriated or committed criminal breach of trust in respect of amount Rs. 11 lac. He invited my attention the Circular dated 06.12.2007 issued by the Government of Maharashtra. It is stated that, if any irregularities are noticed in implementing the Scheme and in spending the amount, the responsibilities should be fixed on the concern and the amount of defalcation/misappropriation be recovered from them. 3 Above Guidelines cannot be a mitigating factor nor can come in the way of registering the offence. Offence has been registered on the basis of the survey or enquiry conducted by the office of the Executive Engineer, Zilla Parishad. This was the reason for the office bearers of the village panchayat to raise hue and cry, since even the layman would understand the value of the work executed, of-course, approximately. In that light of the matter and the applicant no.1 being Chairman of the Gramin Pani Purwatha and Swacchata Samiti, rejection of his application for grant of anticipatory bail by the learned Additional Sessions Judge was justified. As regards applicant no.2, she is a lady aged about 60 years. It seems that she being a Secretary of the said Committee, is being held responsible. It may be the fact that she went on signing some vouchers and the withdrawal receipts at the instance of the Chairman or other Members of the Committee. It is a common knowledge that despite not being an interested, an unwilling women are made office bearers of the Committee, may be, it is necessary as per the Guidelines issued to empower the woman. Otherwise also, taking rustic village woman of 60 years of age in custody does not appear imperative in the matter of investigation into such crime. 4 In the result the application, so far as it relates to Dattaji Devidas Jadhav, is rejected. Application, so far as it relates to applicant no.2 Sakhubai Pandurang Kachare, is allowed. In the event of arrest of Sakhubai Pandurang Kachare, she be released on her executing PR bond in the sum of Rs. 5000/- with one surety in the like amount, with the condition to attend the Police Station as and when required till the filing of the Charge Sheet. Hamdast allowed. JUDGE svk 5