Mangesh S/O. Lotan Pawara v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2648 OF 2017 Mangesh s/o Lotan Pawara Age 32 years, Occu: Unemployed R/o Rushmad (Bk), Donkhedipada, Post & Taluka Dhadga Dist.

Nandurbar.

... Applicant

VERSUS

1.

The State of Maharashtra, Through its Principal Secretary, Home Department, Mantralaya, Mumbai 400 032 ... Respondents 2.

The Investigating Officer, Police Station, Dhadgaon, District Nandurbar.

Mr. P. R. Patil, Advocate for the applicant Mr. A. R. Borulkar, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

11th July, 2017 ORDER:

1.

Heard Mr. Patil, learned counsel for the applicant and Mr. Borulkar, learned APP for the State. 2.

This application is filed under section 439 of the Criminal Procedure Code for bail in connection with Crime No.02/2017, registered with Dhadgaon Police Station, Dist. Nandurbar for the offences punishable under Sections 468, 420, 409, 471, 477-A read with Section 34 of the Indian Penal Code.

3.

Mr. Patil, the learned counsel appearing for the 1/4

applicant submits that applicant was appointed as Panel Technical officer on contract basis. Alleged illegalities in the work of measurement and misappropriation of the amount are in reference to the Agricultural Pond constructed within the limits of village Mandvi (Bk) where the complainant was appointed.

4.

From the communication dated 29.04.2014, issued by the Deputy District Programme Coordinator, Zilla Parishad, Nandurbar addressed to the Deputy Collector, Nandurbar, it reveals that there is difference between measurement noted in the measurement book and the actual amounts paid to the farmers. Further, from the Communication dated 02.10.2015,issued by the Inspection Officer, Minor Irrigation, Zilla Parishad, Nandurbar addressed to Deputy Collector, it reveals that the measurement books were not available and the excess amount was paid as per he MIS expenditure.

5.

Mr. Patil further submits that there is no evidence on record to show that the present applicant has misappropriated any amount. As per the system, after completion of the work, the amount is to go to the account of the farmers directly and there is no 2/4

scope for the applicant to misappropriate any amount. 6.

Learned APP appearing for the State submits that so many agriculturists have made complainants against the applicant and others about misappropriation of the amount. However, on perusing their address, it appears that all of them are of village Genda, District Nandurbar and the work of agricultural pond was done at village Mandvi Budruk. None of the villagers of Village Mandvi Bk have complained about acceptance of the money. Furthermore, the applicant surrendered before the Police and he was available for interrogation and now he is in MCR.

7.

Considering the fact that the applicant was available for custodial interrogation and the fact that further investigation relates to the documents which are in the cstody of the Government, in such circumstance, I am of the opinion that the applicant can be released on bail by putting certain conditions. Hence following order:

O R D E R

i.

The applicant shall be released on bail on his furnishing personal bond of Rs.25,000/-(Rupees 3/4

twenty five thousand) with one solvent surety of like amount.

ii. The applicant shall not tamper with prosecution evidence in any manner and shall not contact with any of the prosecution witnesses till conclusion of the trial.

iii. The applicant shall attend Dhadgaon Police Station District Nandurbar once in a week i.e. on every Sunday between 12.00 noon to 2.00 p.m. till filing of the charge-sheet.

8.

Criminal application is disposed of.

(K. L. WADANE, J.) JPC 4/4