1 CR.APL NO.159/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 2. APPLN/159/2011 GOPICHAND KASHINATH CHAVAN [Criminal] V/S THE STATE OF MAH AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Rajendra Deshmukh, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 10-2-2011 1. Heard. The accused/applicant, a Technical Advisor, was assigned duty as a Member of a Committee to carry necessary measurement and inspect, having control on the activities of laying pipeline. It revealed, the excavation was of soft land, however, extra charges are paid, showing the same to be hard/Murum. That apart, the pipeline that was laid was of 65 mm dimension for which regular bills should have been drawn, however, the dimensions of the pipeline are shown to be 90 mm. measurement book shows laying of 390 meters of pipeline which was on inspection was found to be incorrect. 2 CR.APL NO.159/2011 2. Learned Counsel for the accused/applicant submits, the Deputy Engineer is a superior officer and after his certification the role of the accused/applicant comes into play. At this stage of the matter, it does not appear to be correct. Even if there was role of the Deputy Engineer, calling or branding him to be superior officer, since the accused/applicant was at field, entrusted with certain duties, which he failed to discharge and facilitated misappropriation in the contractual work of Bharat Nirman Yojana, which was meant for providing drinking water to the villagers of Dinwada. No case for pre-arrest bail. Application rejected. Observations are prima facie in nature. The accused/applicant to surrender upto 14th Feb.,2011. (K.U.CHANDIWAL) JUDGE AGP/159-11crapl