Akash Jaganmitra Mungale v. Vandana W/O Navnath Kamble And Others

2024:BHC-AUG:5633 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1434 OF 2023 WITH CRIMINAL APPLICATION NO. 3505 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO. 1434 OF 2023 Vandana W/o Navnath Kamble ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents Mr. P.D. Dadpe, Advocate for applicant.

Mr. A.R. Kale, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14 th MARCH, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No. 161 of 2023, registered with Bembali Police Station, Dist. Osmanabad, for offences punishable under sections 420, 406, 409 r/w 34 of Indian Penal Code.

2.

FIR is lodged by Extension Officer, Panchayat Samiti, Osmanabad, alleging that Sarpanch of Bembli Gram Panchayat and then Garmsevak along with Branch Engineer have committed misappropriation of grants received in 15th Financial Commission. Accordingly, inquiry was conducted by Extension

{2} Officer and it is revealed in the inquiry that during the period 10.04.2021 to 20.06.2022, the then Sarpanch has misappropriated an amount of Rs. 11,53,264/-, the then Gramsevak has misappropriated an amount of Rs. 11,53,264/- and Branch Engineer has misappropriated an amount of Rs. 2,39,939/-, total Rs. 25,46,467/-.

3.

Heard learned advocate for applicant and learned APP for respondents. Perused the investigation papers. 4.

During the course of investigation, applicant was protected and she has deposited alleged misappropriated amount of Rs. 11,53,264/- in this Court, without prejudice to her rights and contentions.

5.

Investigation pertains to documents, which are already seized by investigating officer. Considering the gender of applicant and the fact that applicant has co-operated in the investigation and has deposited misappropriated amount of Rs. 11,53,264/-, pre-trial custodial detention of applicant is not necessary.

6.

In the result, application is allowed by confirming the interim protection order dated 28th August, 2023.

{3} 7.

In view of disposal of Anticipatory Bail Application No. 1434 of 2023, Criminal Application No. 3505 of 2023 stands disposed of.

[NITIN B. SURYAWANSHI, J.]