1 710.11-appln bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 710 OF 2011 WITH APPLICATION NO.471 OF 2011 Shekhar Prabhakar Shetye ..Applicant Vs. State of Maharashtra ..Respondent Mr.S.R.Chitnis i/b. Hrishikesh Mundargi for the Applicant. Mr.K.V.Saste, APP for Respondent. Mr.Harshad V. Bhadbhade for the Intervener in Application No. 471 of 2011. Mr.Nilesh Pawaskar for the Intervener/original complainant. .... CORAM :- J.H.BHATIA, J. DATE :- AUGUST 22, 2011. P.C. 1. The application No.471 of 2011 is filed by the original complainant for the purpose of intervention in the Anticipatory Bail Application No.710 of 2011. In the interest of justice, the application No.471 of 2011 is allowed and disposed of. 2. The applicant, who is a Circle Agricultural Officer appointed at Taluka Lanja for certain villages, seeks anticipatory bail in Crime No.28 of 2011 registered with Lanja Police Station, Dist. Ratnagiri under Sections 409, 408, 420, 467, 468, 471, 477(A) r.w. 34 of the Indian Penal Code. 2 710.11-appln 3. It appears that under an Integrated Waste Land Development Scheme launched by the Central Government, works were taken up in four villages i.e. Ringane, Hardakhade, Kondage and Kurang in Lanja Taluka, Dist. Ratnagiri during the year 2002-2003. The work was to be undertaken by a Local Project Committee consisting of representatives of villagers and was to be assisted by the Secretary of the Grampanchayat. An account of each such village committee was to be opened with a Bank. The applicant, in his capacity as a Circle Agricultural Officer was required to oversee the work. 4. A Writ Petition No.3694 of 2010 was filed by the complainant Sanjay Ahire and some others alleging that huge corruption had taken place and work was not actually done but money was siphoned off. In that Writ Petition, the Division Bench of this Court had directed an inquiry in respect of the villages Ringne and Hardakhade, by a committee consisting of five senior officers of the Government, the said committee made some inquiry about the actual work done, payments made and the difference in the actual work and the amount spent. After that report was submitted, the Division Bench directed the Police to register FIR. Accordingly, the offence came to be registered and it is under investigation. 5. As per the report of the Inquiry Committee of five Officers, in the total work done, there was discrepancy to the tune of Rs.97,997/- and that amount was required to be recovered. On the basis of that report, the Divisional Commissioner, Konkan Division also issued an order dated 4th March, 2011 to the Chief Executive Officer, Zilla Parishad, Ratnagiri for making the recovery of the said amount from the concerned persons. 3 710.11-appln 6. The learned Counsel for the intervener contended that under the Integrated Waste Land Development Scheme of the Central Government, a budget of about Rs.20 crores was made available. Out of that, only work of Rs.1.5 crores was shown to have been done, while in fact, it was not done. In view of the controversy, the balance amount of Rs.18.5 crores was withdrawn by the Government and that work has never been given back to the villages and the people of that area, who would have been beneficiaries, have been deprived of development of the land and also the employment which would have been generated in that area. This aspect cannot be taken into consideration while dealing with the application for anticipatory bail because that amount was taken back by the Government and work was not required to be done. We have to concentrate on the work alleged to have been done, payments received and the alleged misappropriation, corruption or other offences related to that. 7. The learned Counsel for the complainant pointed out that huge amount has been paid to certain persons for hiring water pumps. According to him, the water pumps could have been purchased for much less price than what has been paid towards hire. However, as per the Inquiry Committee Report, under the scheme, there was no provision for purchase of water pumps, they can only be hired. If under the scheme, the local committee or the Officer cannot purchase the pumps, we cannot find fault on this ground. The learned APP, on instructions from the Investigating Officer admits that the statements of the persons from whom the pumps were hired and who have allegedly received money and passed receipts have not been recorded. Therefore, there is nothing to show at this stage that those documents are false. 4 710.11-appln 8. The learned APP, on instructions, also states that in all four hundred workers were allegedly engaged for the work done in these villages. Statements of several workers are recorded. Out of that, five workers claim that they did not work and did not sign the muster. The scheme was being executed by the committee consisting of Secretary of the concerned village Grampanchayat and it appears that the present applicant was also associated with execution of the work. The record reveals that the applicant had also withdrawn certain amounts from the account of that committee. However, according to him, the accounts were operated jointly and the amounts were withdrawn jointly and handed over to the committee for being paid to the concerned workers. 9. It is possible that the rates of work, which are fixed by the Government, may be very high and disproportionate to the rates in the market. But then question is, if the rates are fixed as per those rates, all the works are found to have been done by the concerned committee, whether any offence is committed. According to the applicant, for everything he has given explanation. In view of the fact that these works were done about eight years ago and the fact that as per the report of the committee, the discrepancy is only to the tune of Rs.97,997/- in the total work running into Rs.1.5 crores in four villages, in my opinion, custodial interrogation of the present applicant will not be necessary. The purpose may be served, if, he is directed to appear before the Police as and when required for the purpose of interrogation and investigation. 10. For the aforesaid reasons, in the event of arrest in Crime No.28 of 2011 registered with Lanja Police Station, Dist. Ratnagiri for the offences punishable under Sections 409, 408, 420, 467, 468, 471, 477(A) r.w. 34 of the Indian Penal Code, the applicant be released on his executing a PR bond of Rs.25,000/- with one or two sureties of like amount with 5 710.11-appln condition that he shall make himself available before the police as and when called for the interrogation and investigation and shall produce all relevant documents and material which may be required and also provide samples of his handwriting and signatures etc., if needed, with further condition that he shall not tamper with the prosecution evidence and shall not misuse the bail. Application stands disposed of accordingly. (J.H.BHATIA,J.)