1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 1647 OF 2009 Sharad S/o Madhavrao Patil Versus State of Maharashtra and another. *** Mr. R. B. Deshmukh, Advocate for the Applicant. Mr. P. M. Shinde, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel. Perused the report. In an articulated manner siphoning of funds meant for village development is effected and from an amount of Rs.13,38,900/- only the works of Rs.8,35,521/- are accounted while for an amount of Rs.5,03,379/- no details could be made available and no works are carried. The Chairman Chand Pasha and Secretary Kalpana Swami were put under arrest. The accused/ applicant is a Sarpanch of the village and also treasurer under the scheme. He was directly involved in disbursing the labour charges, purchase of material. It is revealed during the investigation that the alleged purchased items like electric motor, pipes for the project were indeed not purchased though the bills were produced. The Secretary Smt. Kalpana Swami has stated that she had signed blank cheques which was encashed by the accused applicant Sharad. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2. In this situation of the matter, prima facie, above details do not warrant to entertain discretion under section 438 Cr.P.C. to be exercised. Hence, order. Application rejected. [K. U. CHANDIWAL, J.] Dated:05/08/2009. ans/1647