In this criminal application for anticipatory bail, the court rejected the plea noting serious allegations of misappropriating over Rs.50 lakh through false records under a government employment scheme, ruling it an unfit case for bail.
The application for anticipatory bail is rejected. Interim relief is vacated.
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.
1 Application 2681 of 2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Criminal Application No.2681 of 2014
Nagendra S/o. Bhujangrao Rathod And Others.
.. Applicants.
Versus
The State of Maharashtra And Another.
.. Respondents.
Shri. G.N. Chincholkar, Advocate, for applicants.
Shri. S.G. Nandedkar, Additional Public Prosecutor, for respondent No.1.
CORAM: T.V. NALAWADE, J.
DATE : 22nd SEPTEMBER 2014
ORDER:
complaint. Allegations are made that during implementation of Mahatma Gandhi National Rural
2 Application 2681 of 2014
Employment Guarantee Scheme, the concerned, like the present applicants, have misappropriated Government money by creating false record. Many accused are mentioned in the complaint including the present applicants.
3 Application 2681 of 2014
job cards of labours were prepared and false accounts were opened in the post office in their names and the amount was shown to be deposited in those names. Police have recorded statements of many persons showing that, they had never approached for seeking job and no job card was prepared under their signatures or thumb impressions and they had never withdrawn the amount from the post office under their signature. Learned counsel for the applicants submitted that preparation of list of labours was the job of the village Panchayat and this job was to be done by the Sarpanch, the Gram Sevak and the person assisting the Gram Sevak and so no fault can be attributed to the present applicants. This submission cannot be accepted at all in view of the duty list of the officers from Agriculture Department. In the report filed duties are mentioned as per the Government Circular. The duty list shows it is duty of the Agriculture Assistant to prepare muster roll, engage the labours and supervise the labours. It is the duty of the Agriculture Supervisor to examine the work and to examine record prepared by the Agriculture Assistant. He is expected to supply this record
4 Application 2681 of 2014
to Circle Agriculture Officer. The Agriculture Supervisor is expected to supervise work of the aforesaid two officers. The Taluka Agriculture officer is the other supervising officer who is superior to the Circle Agriculture Officer.
5 Application 2681 of 2014
Government money. The papers of investigation contain statements of many labours to the aforesaid effect. Amounts in their names are shown to be deposited though they never worked. In the present case, there are serious allegations of creation of false record & misappropriation of Government money. The total amount of misappropriation is more than Rs.50 lakh. Such instances are increasing day by day. Government schemes are failing due to the approach of the officers like the present applicants. In such cases no leniency can be shown. Custodial interrogation in such cases is a must. This is not a fit case to grant the relief.
(T.V. NALAWADE, J.)
rsl
2 issues framed by the court
Whether anticipatory bail can be granted in a case involving misappropriation of government funds under the Mahatma Gandhi National Rural Employment Guarantee Scheme.
If there are serious allegations of false record creation and involvement of post offices in misappropriation, does custodial interrogation become necessary?
Nagendra S/o. Bhujangrao Rathod And Others
The State of Maharashtra
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
