Cri. Apln. Nos. 4323 & 4174/11 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4323 OF 2011 Vishwanath s/o. Devidas Kadam, R/o. Maharashtra Jeevan Pradhikaran Works Sub-Division, Osmanabad. ....Applicant. Versus The State of Maharashtra Through Police Inspector, Police Station, Jalkot, Dist. Latur & Anr. ....Respondents. Mr. P. S. Chavan, Advocate for applicant. Mrs. R.K. Ladda, A.P.P. for respondents. WITH CRIMINAL APPLICATION NO. 4174 OF 2011 Devidas s/o. Bhillu Rathod, R/o. At Post Andur, Tq. Tuljapur, Dist. Osmanabad at present R/o. M.J.P., Works Division II, Barsi Road, Near Water Tank, Latur, Dist. Latur. ....Applicant. Versus The State of Maharashtra Through Police Inspector, Police Station, Jalkot, Dist. Latur & Anr. ....Respondents. Mr. A.A. Mukhedkar, Advocate for applicant. Mrs. R.K. Ladda, A.P.P. for respondents. Cri. Apln. Nos. 4323 & 4174/11 2 CORAM : T. V. NALAWADE, J. DATED : 20th October, 2011. ORAL ORDER : 1. Both the applications are filed for anticipatory bail. When the Court expressed that this Court is not inclined to grant anticipatory bail, the advocate for the applicant Shri. Devidas Rathod in Criminal Application No. 4174/2011 requested for permission for withdrawal of the application and so, this application is dismissed as withdrawn. 2. Heard the advocate of the applicant Shri. Vishwanath Kadam in Criminal Application No. 4323/2011 and A.P.P. for the State. The original papers of investigation were made available. 3. In the past also similar application was made in this Court by the applicants and when the Court has expressed that the Court is not inclined to grant anticipatory bail, the application was withdrawn on 30.6.2011. It was submitted in this proceeding that the charge-sheet came to be filed on 19.10.2011 and both the applicants are shown as absconding in the charge-sheet. The Investigation Officer is present in the Court as per the directions given by this Court Investigation Officer informed that Vishwanath Kadam and the other applicant were not available during Cri. Apln. Nos. 4323 & 4174/11 3 investigation. The submissions made by the advocate of the applicant Vishwanath Kadam show that he was on duty till 9.8.2011 and thereafter also he resumed the duty on 12.9.2011 and then he proceeded on medical leave from 17.9.2011. It is surprising that the Investigation Officer could not trace these persons, if they were on duty and they could not be arrested when there was no relief of anticipatory bail in their favour after the order dated 30.6.2011. Copy of this order is to be sent to the District Superintendent of Police, Latur to make necessary enquiry in to the matter. It is serious thing that the persons, who are holding some posts, are not arrested even when they are not protected by the relief like anticipatory bail. 3. It was submitted for applicant Shri. Vishwanath Kadam that as the charge-sheet is now filed, the police should not need his custody for the purpose of investigation. The advocate of the applicant drew the attention of this Court to a Circular of the State Government dated 6.12.2007 issued in respect of such drinking water scheme. He submitted that the responsibility to make the payment was of the Committee constituted under the Circular and so the technical expert like applicant cannot be blamed in this regard. The same Circular shows that the technical experts were to help the Committee as taking measurement of Cri. Apln. Nos. 4323 & 4174/11 4 the work and making proposal of the scheme involves the technical work. It can be said that even at the time of giving advance for various things like steel, the opinion of the technical expert is required. 4. There is allegation against the Engineers, technical experts like Shri. Vishwanath Kadam that they joined hands with the contractor, they showed excess measurement and due to that, excess amount was given and due to the conduct of the technical expert the excess amount of Rs. 26 lacs was paid to the contractor. The particulars of head under which the excess amount is paid are given and a copy of measurement book is also on record. It is not disputed that atleast during the period from 10.7.2006 to 16.6.2008 applicant Shri. Vishwanath Kadam was working as Deputy Engineer and he has signed on the measurement book. Some argument was advanced in respect of some alleged over writing made in the measurement book, but at this stage, such defence cannot be considered. Further, submission was made that while signing the running bills, the applicant had advised to make the payment of 75% of the amount payable due to measurement, but the Committee made the payment of 100% amount. The attention of this Court was drawn to the observations made by the Sessions Court Udgir (District Cri. Apln. Nos. 4323 & 4174/11 5 Latur) that on copy of measurement book produced before the Court, there was no endorsement made by the applicant to show that he had advised to make the payment in respect of 75% amount shown in the measurement book. In the copies produced in this Court, there is such endorsement made by the applicant Shri. Vishwanath Kadam. The advocate submitted that in correspondence made by the Executive Engineer, who got anticipatory bail, there is mention about such endorsement. This thing also needs to be enquired into by the police and for that also the District Superintendent of Police is to take steps. The charge-sheet is filed for offences punishable under sections 406, 409, 471, 420 and 34 of Indian Penal Code. The cognizance is taken and material is sufficient to make out prima facie case. 5. It was submitted for the applicant Shri. Vishwanath Kadam that he has put in more than 36 years of service and he has unblamished service record and nothing can be achieved due to his arrest. This submission is not acceptable. He is shown as absconding accused in the charge-sheet and there are aforesaid circumstances against him. Therefore, this Court holds that this is not a fit case for granting anticipatory bail and his application stands rejected. Cri. Apln. Nos. 4323 & 4174/11 6 6. Authenticated copy of this order be supplied to A.P.P., who is to send the copy to District Superintendent of Police, Latur for necessary action. Office also is to send a copy to District Superintendent of Police, Latur. 7. The observations made by this Court in this order are only for the purpose of anticipatory bail application and they will not come in the way of Sessions Court while considering the bail application and they will not be applicable for deciding the case. [ T. V. NALAWADE, J.] ssc/