Bombay High CourtAPPLN/2178/2015disposed off

Smt. Manda W/O Punamsing Maher v. The State Of Maharashtra And Another

2015-05-05Hon'Ble Shri Justice V.M. Deshpande2 pages

criapln2178-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2178 OF 2015 Smt.Manda W/o Punamsing Maher .. APPLICANT

Versus

State of Maharashtra & Anr.

.. RESPONDENTS ...

Shri S.J.Salunke,Advocate for applicant Smt.V.A.Shinde,APP for respondent State ...

CORAM : V.M.DESHPANDE,J.

DATED : 5TH MAY, 2015 ORDER :- Heard Shri S.J.Salunke, learned counsel for the applicant and Smt.Shinde, learned APP for State.

2] The State has filed reply which is taken on record. 3] The applicant lady, is an ex-Sarpanch. She has already handed over charge of the Gram Panchayat, Kacchighati. The allegation against the present applicant is that though beneficiary Seetabai Sulane was having her own house at Honobachiwadi, Tq.Paithan, Dist.Aurangabad under Indira Awas Yojana, another house is allotted to her at village Kacchighati. The applicant was the Sarpanch of village Kacchighati from 19/11/2007 to 18/11/2012. The record shows that on 2/10/2006, under the Presidentship of

criapln2178-15 -2Smt.Kadubao Gaikwad, Gram Sabha was held and in that Resolution No.3 was passed wherein it was resolved to allot house in the name of Seetabai Sulane.

4] The applicant has executed the said Resolution by passing another Resolution.

5] The offence pertains to the documents and the documents are already in possession of the Gram Panchayat. In that view of the matter, custodial presence of applicant is not necessary. However, the applicant can be directed to attend the police station. 6] In that view of the matter, the application is allowed. The applicant Smt.Manda W/o Punamsing Maher shall be released on anticipatory bail in the event of her arrest in connection with Crime No.M.Case No.1/2013 dated 21/3/2013 registered at police station, Chikalthana, Dist.Aurangabad for offences punishable under Sections 420, 468, 471, 409, 406 of IPC., on she executing PR bond of Rs.5000/- (Rs.Five thousand only) with one solvent surety in the like amount. The applicant shall attend Police Station, Chikalthana on 11/5/2015 from 10 to 11 a.m. She shall give the specimen of her hand-writing and thumb impression. With these directions, Application is disposed of.

(V.M.DESHPANDE,J.) umg/