Ranjeetsingh S/O. Basantsingh Chauhan v. State Of Maharashtra Thr. P.S. Koradi Nagpur Anti Corruption Bureau
0602aba780.16 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.780 OF 2016 (Ranjeetsingh s/o Basantsingh Chauhan vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Ms. R. Khapekar, Advocate for applicant.
Shri H.R. Dhumale, Additional Public Prosecutor for respondent.
---------- CORAM : P.N. DESHMUKH, J.
DATED : FEBRUARY 6, 2017 This application is filed by one of the accused involved in Crime No. 234/2016 registered under Sections 420, 467, 468 and 471 of Indian Penal Code and Section 13(3) of the Prevention of Corruption Act, 1988.
Heard learned Counsel for both sides.
It appears that on the basis of report dated 10/11/2016 lodged by Vandana Raut, acting as Sarpanch of Gram Panchayat, Bokara, present offence is registered. On going through the contents of the report, it appears that involvement of applicant is only on the basis of statement of co-accused Sujata Meshram about his providing false receipt book. On instructions, learned Additional Public Prosecutor does not dispute this aspect.
From the report it is further found that the role attributed to co-accused Sujata Meshram is that while she was working in the Gram Panchayat as a
0602aba780.16 2/2 Computer Operator-cum-Tax Collector on temporary basis, based on such duplicate receipt book, she issued receipts thereof and collected tax to the extent of Rs.91,000/- from villagers and as such, has misappropriated said amount. Admittedly, involvement of applicant is on the basis of statement of co-accused Sujata Meshram of his providing her a fake receipt book. From the reply of prosecution on record, it is revealed that out of Rs. 91,000/-, amount of Rs.42,000/- is recovered from co-accused Sujata Meshram and she is released on bail by learned trial Court.
Having considered the role attributed to co-accused Sujata Meshram about her being instrumental in misappropriating the amount as aforesaid and involvement of applicant is based on statement of co-accused Sujata Meshram, interim protection granted to applicant is liable to be confirmed as per order below :
Interim order dated 30/11/2016 passed by this Court stands confirmed on the same terms and conditions. Applicant is further directed to mark his presence with Investigating Officer as and when called till filing of the charge-sheet. The criminal application is accordingly allowed.
JUDGE khj