1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3210 OF 2011 BALBHIM SHEKABA GARAD Applicant. VERSUS THE STATE OF MAHARASHTRA Respondent. ... Mr. M.B.Kolpe advcoate for the applicant. Mr. B.V.Wagh APP for respondent. WITH CRIMINAL APPLICATION NO.3256/2011 Bhagwan s/o Sadashiv Rathod. Applicant Versus The state of Maharashtra and others. Respondent Mr. M.B.Kolpe h/f V.B.Deshmukh advocate for the applicant. Mr. B.V.Wagh APP for the respondents. WITH CRIMINAL APPLICATION NO.3290/2011 Mallikarjun Manohar Lohar Applicant Versus The state of Maharashtra Respondent 2 Mr. A.S.Bayas advocate for the applicant. Mr. B.V.Wagh APP for the respondents. Mr. S.J.Salunke Advocate for the complainant and Assistant to A.P.P. in all applications. ***** CORAM : SHRIHARI P. DAVARE,J. DATE : 26th AUGUST, 2011. PER COURT :- 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. All the aforesaid applications have been filed by the respective applicants, seeking anticipatory bail, apprehending their arrest under Crime No.I-5/2011, registered at Dhoki Police Station, Tq. & District Osmanabad, for the offences punishable under sections 406, 409, 420, 467, 468, 471 r/w 34 of Indian Penal Code. 3. It appears that, initially complainant Bhausaheb Yuvraj Garad, has filed private complaint before learned Judicial Magistrate First Class, Osmanabad against the applicant in 3 Criminal application No.3256/2011 namely Bhagwan Sadashiv Rathod, and applicant in Criminal Application No.3210/2011 namely, Balbhim Shekaba Garad and one Goroba Shivaji Kavale on 7.4.2011, and inquiry under section 202 of Code of Criminal procedure was directed therein and it is reported that process has been issued therein and said matter was fixed for appearance. It also appears that complainant namely Bhausaheb Garad filed complaint, which is in question in the present matter on 29.6.2011, against the applicants in the present applications namely 1] Balbhim Shekaba Garad, who was allegedly Sarpanch at the relevant time i.e. from 2005-2010, 2] Bhagwan Rathod, who was Gramsevak in the year 2009-2010 and 3] Mallikarjun Lohar who was also Gramsevak at the relevant time on 2006-2008 and learned Judicial Magistrate First Class, passed order on 30.6.2011 and called report from the Police Station under section 156[3] of Code of Criminal Procedure. On the basis of the said complaint, First Information Report was registered on 3.7.2011 with Dhoki Police Station, against the applicants in aforesaid three applications. It also appears that present complaint has been 4 filed by the complainant on the basis of Audit Report dated 31.5.2010, when the complainant became member of said Grampanchayat, and, when he came to know that there were mis- appropriation by preparing false record. 4. The said complaint appears to have been filed by the complainant in respect of the alleged embezzlement of the amount under different schemes i.e. 1] Sampurna Gramin Rojgar Yojana 2006-2007, 2] Yashwant Gramsamruddhi Yojana 2005-2006, 3] Zilla Gramvikas Nidhi 2004-2005, 4] Barava Vitta Aayog and 5] Vyapari Galyancha Lilav. 5. It is alleged that in the year 2006-2007, Government had given Rs.1,29,540/- under the scheme of Sampurna Gramvikas Yojana, but the applicants herein by showing bogus work of drainage and preparing bogus record shown that the amount is spent for the same work, but the work was not done and the amount was misappropriated. It is also alleged that in the year 2005 Government has sanctioned Rs.1,66,645/- as a fund for ‘Yeshwant Gramsamruddhi Yojana’ and villagers collected shares of Rs. One lac. Applicants have shown amount of Rs.3,32,729/- 5 was spent for cement road and drainage. Junior Engineer Shirale has done the valuation of the said work at Rs.77,426/- and in the audit report amount of Rs.2,55,303/- is shown as objectionable. It is alleged that there after the applicants had done the work of cement road and drainage and its valuation was done by Engineer Jagtap of Rs.1,63,699/-. But the applicants have misappropriated amount of Rs.91,337/- under the scheme of Zilla Gram Vikas Nidhi Karj Funds were given to Grampanchayat Khed for construction of commercial complex in the year 2004-2005 and Sarpanch Ware had completed said commercial complex. Its valuation was Rs.5,61,628/-. Zilla Parishad had given Rs. 6,08,000/- to the Grampanchayat. Amount of Rs.42,000/- was balance in the Grampanchayat office account. Applicants had done auction of commercial shops and shown that remaining work of shop is completed and shown amount of Rs.1,69,233/- was spent, and remaining work was of Rs.One lac only, but had not got valued the work and mis-appropriated amount Rs.70,000/-. It is also alleged that they have accepted amount as a deposit from auction holders of shop Rs.1,91,500/-, which was deposited with 6 the Grampanchayat, but the said amount was required to be deposited with the Bank. However, the applicants did not deposit the said amount with the Bank, but shown deposits of Rs. 1,60,000/- only on the ledger of ‘Gramnidhi’ and did not show the amount of Rs.31,500/- on the ledger, which was deposited by receipt No.84 issued in the name of Ramraje Kisan Garad and misappropriated the balance amount. Accordingly, it is alleged that the applicants have misappropriated Government amount by preparing bogus documents. 6. In substance, it is alleged that under the scheme of Sampurna Gramin Rojgar Yojana [2006-2007] amount of Rs. 1,29,540/- was misappropriated by the applicants, under the scheme of Yashwant Gram Samruddhi Yojna 2005-2006 amount of Rs.91,337/- was misappropriated, under the scheme of Zilla Gramavikas Nidhi Karj 2004-2005, amount of Rs.70,000/- was misappropriated and under the scheme of Vyapari Galyancha Lilav, amount of Rs.31,500/- was misappropriated and under the scheme of 12th Vitta Aayog amount of Rs.1,40,298/- was misappropriated. It was alleged that total embezzlement of the 7 amount misappropriated by the applicant/s was to the tune of Rs. 5,40,574/-. 7. Learned counsel for the applicant submits that letters were given to the Gat Vikas Adhikar [B.D.O] on 18.12.2007, 28.3.2008 and 21.8.2010, calling upon the said authority to do the measurement of the works carried out by the Grampanchayat. In the said context, learned A.P.P. pointed out that, the requisite measurements were done and statement to that effect of one Pradeep Sharanappa Shirale, Junior Engineer has been recorded, which is self explicit. On perusal of the said documents, it appears that there is no substance in the grievance made by the learned counsel for the applicants. 8. Moreover, statement of one Netaji Apparao Sandave discloses that he has not received entire charge/record from Bhagwan Rathod- one of the applicants herein. Moreover, the audit report dated 31.5.2010 categorically reflects the various objections of the mis-appropriation of the funds in respect of the aforesaid schemes, as well as it is alleged that, the requisite valuations were not made available for the inspection purpose. 8 9. Moreover, there are serious allegations in the complaint that it was shown on the paper that work of new pipe line was carried out, and false and bogus documents were prepared in that respect, but actually no pipeline was laid down. 10. Having comprehensive view of the matter, and considering the accusations made against the aforesaid applicant/s, and also considering the seriousness and gravity thereof, it is apparent that custodial interrogation of the applicant/s is/are necessary for further progress in the investigation, in constructive manner and hence, present application/s deserves to be rejected. 11. In the result, all applications stand dismissed and interim protection granted to them stands vacated. 12. Present applications stand disposed of finally. The above observations are the primafacie in nature, and same may not be used in any other matter, being decided on merits. (SHRIHARI P. DAVARE) JUDGE. aaa/ ****