Pandurang Shripatrao Kapse v. The State Of Maharashtra

IRESH SIDDHARAM MASHAL Date: 2021.11.17 09:43:52 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2505 OF 2021 PANDURANG SHRIPATRAO KAPSE ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Dushyant S. Pagare for the applicant Ms. A. A. Takalkar APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

16th NOVEMBER, 2021.

P.C.:

1] Applicant, Village Development officer is seeking pre-arrest bail in C.R. No. I-342/2021 registered with Shahapur Police Station for Offences punishable under Sections 409, 420 r/w 34 of the Indian Penal Code.

2] The allegations against the applicant are, fish seeds were purchased without approval of Gramsabha.

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3] It is informed that tenders were floated pursuant to resolution passed in the Grampanchayat meeting and accordingly seeds were purchased for which amount of Rs. 49250/- and Rs. 49500/- was released through cheque.

4] I am informed that said amount is already redeposited with the Grampanchayat by Ganesh Kamadi, Sarpanch, a co-accused. 5] The fact remains that after purchase of fish seeds, right of fishing was successfully auctioned in next year and revenue was generated to the Grampanchayat.

6] In view of above, in my opinion, at the most the case of irregularity and not illegality could be noticed. There are no criminal antecedents. Applicant is a public servant who is very much available for the investigation. That being so, application is allowed. (i) In the event of arrest of applicant in C.R. No. I342/2021 registered with Shahapur Police Station for 2/3

Offences punishable under Sections 409, 420 r/w 34 of the Indian Penal Code, he be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with one or more sureties in the like amount.

(ii) Applicant shall attend the Investigating Officer from 23/11/2021 to 25/11/2021 between 10.00 a.m. to 12.00 noon and thereafter, as and when directed.

(iii) Applicant shall neither tamper with evidence nor influence the witnesses in any way.

7] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3