1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2715 OF 2010 Tanhaji s/o Bansi Kokate Applicant Versus 1 The State of Maharashtra & others Respondents Mr.N.K.Kakade, advocate for the applicant. Mrs.V.A.Shinde, A.P.P. for the Respondents. CORAM: A.V.POTDAR, J. DATE : 03 rd August, 2010. P.C.: 1 By the present application, applicant has approached this Court for his release on anticipatory bail in connection with CR No. I-98/09, registered in Rahata Police Station, District Ahmednagar, for the alleged offences under Sections 420, 165, 167 of the Indian Penal Code. 2 This application was initially moved before this Court on 19 th July, 2010. On that day, after hearing both the sides, interim protection was granted in favour of present applicant. 3 Today, when the application came up for final hearing, heard Counsel for the applicant and learned A.P.P. For Respondents. 4 Perusal of the investigation papers discloses that one Khandu Savleram Bansode has filed a private complaint before the Judicial Magistrate, First Class, Rahata, by filing Misc. Application No.304/09, wherein it 2 is alleged that while implementing the scheme introduced by the State Government known as “Indira Awas Yojana”, the name of the applicant was replaced by the name of 1 st respondent in the said complaint, who is brother of the complainant, by joining hands with the Gram Sevak - 2 nd respondent. It appears that on receipt of the said complaint, learned Judicial Magistrate, First Class, passed an order to carry out the investigation under Section 156 (3) of the Code of Criminal Procedure. Accordingly, offence came to be registered in Rahata Police Station vide CR No.98/09. 5 During the course of submissions across the Bar, it is contended on behalf of the applicant that the present applicant joined services as Gram Sevak and transferred to Sakuri village of Rahata taluka with effect from 31 st October 2007 and worked there till 14 th July, 2009. It is not in dispute that the scheme introduced by the State Government to provide benefits to the needy persons, who are below poverty line and who are having their own land, to construct houses on the land in their possession. Under the said scheme, applications are invited from the needy persons by the concerned Gram Panchayat. A Committee was formed from the members of Gram Panchayat, who are elected and Gram Sevak to scrutinise the applications received under the said scheme from the needy persons. After scrutiny of these applications, a list is prepared of the persons to whom the benefit is to be given by the said Committee, and the list is forwarded to the Block Development Officer of the Panchayat Samiti. After approval granted by the concerned Block Development Officer, the list then has to be forwarded to the Chief Executive Officer of the Zilla Parishad concerned. So far as the list about the benefits to be provided to the villagers of Sakuri is concerned, same was forwarded to the office of Block Development Officer on 26.01.2006, which is finally approved by the Chief Executive Officer on 26 th 3 May, 2006. Once the list is forwarded to the Block Development Officer by the concerned Gram Panchayat, the Gram Panchayat or the Gram Sevak have no control over the said list, but the list remains under the control of Block Development Officer and then under the control of Chief Executive Officer. By bringing these facts to the notice of this Court, which are not disputed by the other side, that when the list was forwarded to the Block Development Officer, the present applicant, who was arrayed as Respondent No.2 before the Judicial Magistrate, First Class, Rahata, he cannot be held responsible for the list forwarded by the concerned Gram Panchayat. With these submissions, this Court is in agreement, as it is not in dispute that present applicant joined his services as Gram Sevak at village Sakuri, Taluka Rahata with effect from 31 st October 2007 and is not a person who is party to the submission of list to the Block Development Officer for approval. If it is so, he is entitled for the protection under the extraordinary jurisdiction of this Court. 6 In substance, the applicant succeeds and deserve for the following order: ORDER (a) Criminal Application is allowed. (b) The interim protection granted by this Court on 19 th July 2010, is hereby confirmed and extended till filing of the charge sheet. (c) The applicant to give attendance to Taluka Rahata Police Station for interrogation, if required, under written intimation of the Investigating Officer. (d) Application stands disposed of accordingly. (A.V.POTDAR) adb/criapln271510 JUDGE