Vimal Jibhau Suryawanshi v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2658 OF 2022 Vimal Jibhau Suryawanshi ...Applicant
Versus
State Of Maharashtra
...Respondent
WITH CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2698 OF 2022 Waman Namdev Suryawanshi ...Applicant
Versus
State Of Maharashtra
...Respondent
....
Mr. Jayendra D. Khainar, Advocate for the Applicants. Mr. N. B. Patil, APP for the Respondent - State. ....
CORAM
:
PRAKASH D. NAIK, J.
DATE :
13th OCTOBER, 2022.
PER COURT :
1.
The applicants in both these applications are seeking prearrest bail in C.R. No.524 of 2022 registered with Taluka Police Station, Malegaon, Dist. Nashik for offences punishable under Sections 409 & 420 r/w Section 34 of Indian Penal Code (for short "IPC").
2.
The case of the prosecution is that the complainant working as Incharge Block Education Officer, Panchyat Samiti, Malegaon lodged the complaint on 14.09.2022 alleging that, in the month of December - 2021 he received complaint of villagers of Sonaj by SAJAKALI LIYAKAT JAMADAR Date:
2022.10.15 11:33:31 +0530 SAJAKALI LIYAKAT JAMADAR
seeking inquiry in respect of disbursement of amount of Golden Anniversary Scholarship of Zilla Parishad School, Sonaj, Tal. Malegaon, Dist. Nashik, which falls within his work jurisdiction. It is found that Smt. Vimal Jibhau Suryawanshi, who is working as Head Master and Shri. Waman Namdeo Suryawanshi, Primary teacher misappropriated the amount of Rs.91,000/- during the period from 16-12-2020 to 31-12-2020 of Golden Anniversary Scholarship instead of paying the same to the students belonging to Scheduled Tribe category to their bank accounts directly, by transferring the same to the Bank account of Smt. Chandrabhaga Namdeo Suryawanshi and submitted the report with Chief Executive Officer, Zilla Parishad, Nashik through Block Development Officer, Panchayat Samiti, Malegaon, vide its letter dated 06.06.2022, directed the complainant to lodge the present complaint.
3.
Learned Advocate Mr. Khairnar submitted that the applicant in ABA No.2658 of 2022 is handicapped women. No amount is credited to her account. There is no allegations that she has misappropriated any amount. He relied upon report of Block Development Officer and Block Education Officer, Panchayat Samiti, Malegaon dated 18.04.2022 which was addressed to the education officer stating that the applicant Smt. Vimal Jibhau
Suryawanshi is handicapped women. There is negligence on her part. It was expected that the other teachers should have assisted her in view of her disability. The letter also indicate that she has not misappropriated any amount. The amount was transferred to the account of the mother of the applicant in Anticipatory Bail Application No.2698 of 2022.
4.
Learned Advocate for the applicant in Anticipatory Bail Application No.2698 of 2022 submitted that the amount of Rs.91,000/- has been transferred to the account of the school. The police report stated that there is alleged misappropriation of Rs.67,581/- other than the amount of Rs.91,000/-. On instructions it is submitted that the applicant would deposit the amount of Rs.45,971/- to show bonafides without admitting the guilt within a period of one week from today. The said amount will be transferred in the bank account i.e. Bank of Baroda bearing No. 21550100017364, Adhyakshya Sachiv Shala Vyvasthapak, Sonaj. The statement is accepted.
5.
The applicant Waman Namdev Suryawanshi is permitted to transfer the amount of Rs.45,971/- into the account of the school within a period of one week from today in the account as stated herein above.
6.
Considering the fact that the applicant in Anticipatory Bail Application No.2658 of 2022 is apparently not held liable for misappropriation. Her application can be allowed.
ORDER
i.
Anticipatory Bail Application No.2658 of 2022 is allowed;
ii.
Interim relief granted to the applicant in Anticipatory Bail Application No.2698 of 2022 is continued till the next date of hearing;
iii.
The applicant Waman Namdev Suryawanshi is permitted to transfer the amount of Rs.45,971/- in Bank of Baroda bearing No. 21550100017364, Adhyakshya Sachiv Shala Vyvasthapak, Sonaj;
iv.
In the event of arrest of the applicant Vimal Jibhau Suryawanshi in connection with C.R. No. 524 of 2022 registered with Taluka Police Police Station, Malegaon, she may be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount; v.
The application qua the applicant in Anticipatory Bail Application No.2658 of 2022 is disposed off.
vi.
For further hearing of Anticipatory Bail Application No.2698 of 2022, stand over to 16th November, 2022. (PRAKASH D. NAIK, J.)