Waman S/O Pratayalaya Bodalwar v. State Of Mah. Thr. Pso Ps Bhamragadh Tah. Bhamragadh Distgadchiroli

1 aba279.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [ABA] NO.279 OF 2020 [Waman s/o Pratayalaya Bodalwar .vs. State of Maharashtra, through PSO, PS Bhamragadh, Tah. Bhamragadh, District-Gadchiroli] ------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------ Shri A.R. Wagh, Advocate for Applicant, Shri M.K. Pathan, APP for Non-Applicant-State. CORAM : N.B. SURYAWANSHI, J.

DATED : JUNE 30, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends his arrest in Crime No.20/2020, registered with Bhamragadh Police Station, District Gadchiroli for the offence punishable Sections 409, 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code.

3.

First Information Report is lodged by the incharge Executive Engineer, Works Division, Zilla Parishad, Gadchiroli alleging that government awarded contract for construction of Madveli to Sipanpalli road to accused no.1-Contractor. The work order was issued on 24.01.2020 and the work was to be completed on 31.03.2020. The accused no.2 being Assistant Engineer, Grade-II and the applicant-accused no.3 being in-charge Sub-Divisional Engineer, Etapalli were to supervise and evaluate the work done by the

2 aba279.20 contractor. In fact, no work of road was done. The applicant and the co-accused, in collusion with accused no.1-Contractor, prepared forged documents showing that work was done and facilitated the contractor to obtain payment of Rs.21,44,964/- from the department by cheque and thereby misappropriated the government funds and caused loss to the public exchequer. 4.

Heard the learned Advocate for the applicant and the learned Additional Public Prosecutor for the State. Perused the case diary. 5.

The applicant contends that the accused no.1 - Contractor received total payment of Rs.47,93,332/- for the construction work of the road and he has deposited Rs. 32,00,000/- on 10/06/2020 with the department and he initially has deposited an amount of Rs. 18,00,000/- as security deposit with the department. Thus total amount of Rs.50,00,000/- is deposited with the department.

6.

The applicant was directed to attend the concerned Police Station vide order dated 16/06/2021. The applicant has attended the police Station and has cooperated in the investigation. The said fact is not disputed by the learned Additional Public Prosecutor.

7.

Taking into consideration the nature of the allegations and the fact that the investigation

3 aba279.20 pertains to the documents, which are in the custody of Investigating Officer and taking into consideration the fact that the investigation appears to be almost complete, pre-trial custodial detention of the applicant is not necessary. Hence the following order.

(i) The application No.279/2020 is allowed by making the interim order dated 10/07/2020 absolute.

(ii) Till filing of the charge-sheet, the applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

(iii) The applicant shall not tamper with the prosecution evidence.

(N.B. Suryawanshi, J.) Gulande