This is an anticipatory bail application in a cheating case where a government servant was accused of certifying false construction to misappropriate Indira Awas Yojana funds. The High Court rejected the bail plea.
The anticipatory bail application is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sherla V.
aba.982.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.982 OF 2014
Shri Shankar Revansidha Birajdar
... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.Shekhar Ingawale i/b A.S. Patil for the Applicant Mr.Y.M. Nakhwa, APP, for Respondent – State
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: AUGUST 8, 2014
P.C.:
applicant/accused is facing charges under sections 409, 420, 468 r/w section 34 of the Indian Penal Code in C.R. No.102 of 2014 registered with Akkalkot police station, Solapur. It is the case of the prosecution that the Government is implementing a scheme known as Indira Awas Yojana for construction of small houses for people Below Poverty Line. Under the said scheme, the Government is providing an amount of Rs.28,500/- per house, after completion of the house. It is the case of the prosecution that the said scheme was implemented during the years 2007-2009 at village Goudgav Budruk, Akkalkot, District Solapur, wherein four persons, who are the co-accused have taken the benefit of this scheme and have procured the amount by submitting the false certificate and have obtained
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the government money. It is the case of the prosecution that the accused Nos.5, 6 and 7 are the government servants. Co-accused No.5 was a Junior Engineer, accused No.6 was Divisional Engineer and accused No.7 was a Gram Sevak. The applicant/accused before this Court is a Junior Engineer. It is the case of the prosecution that he has certified the construction of these four houses though the houses were not constructed in the second phase. It appears that the applicant/accused in connivance with the other accused persons, have received some amount and has cheated the government of Rs.1,12,500/-.
the documents collected by the Investigating Officer during the course of investigation, especially, the forms which were submitted with the
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aba.982.2014.doc
signatures of this applicant/accused and other two accused to the Authority for obtaining money and certifying the completion of the work which was of the first phase.
(MRS.MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether the application for anticipatory bail under sections 409, 420, and 468 of the IPC should be allowed.
Whether the application for anticipatory bail would be permitted if the accused is a government servant accused of fraud against public money.
1 provisions across 1 enactments
Sherla V. Birajdar
The State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
