Two Gramsevak/Gramrojgar Sevak filed anticipatory bail applications regarding misappropriation charges. The High Court dismissed the applications, rejecting the plea for parity due to their distinct roles in certifying work and preparing muster rolls, which implicated them directly in the crime.
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ABA-96-2023+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 96 OF 2023
Angad Vilas Agale
...Applicant
Versus
The State of Maharashtra & Anr
...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 262 OF 2023
Ashok Kondia Mundhe...Applicant
Versus
The State of Maharashtra & Anr
...Respondents
***
Mr. M. V. Salunke, Advocate for the Applicant in
ABA/96/2023.
Mr. s. s. Wakune, Advocate for the Applicant in
ABA/262/2023.
Mr. V. S. Badakh, APP for Respondent – State.
***
CORAM:R.M. JOSHI, J.
RESERVED ON:JULY 06, 2023
PRONOUNCED ON:JULY 14, 2023
ORDER
1.Applicants apprehend arrest in connection with
Crime No. 369 of 2022 registered with Anandnagar Police
Station, Dist. Osmanabad for the offences punishable
under Sections 420, 406, 409, 465, 467, 468, 470, 471,
477 and 34 of the Indian Penal Code.
Page 1 of 4
ABA-96-2023+.odt
2.Applicant - Angad is Gramsevak of Grampahcyat
Khed, Dist. Osmanabad whereas Applicant – Ashok is
Gramrojgar Sevak of Pawarwadi. Perusal of the FIR shows
that misappropriation was found by the CEO, Z.P.,
Osmanabad in the construction of Panand Road at
Pawarwadi, Dist. Osmanabad under Maharashtra Gramin
Rozgar Hami Yojana. An enquiry was conducted by the
committed headed by Tehsildar and report dated
19.12.2022 came to be submitted in which it was found
that in the said work misappropriation of Rs.
30,98,092/- is done. It is also stated therein that for
the said misappropriation number of officers including
present Applicants are responsible. It is alleged that
without doing work, completion was certified and that
without engaging labours they are shown on the muster
roll and thereby huge amount is misappropriated. .
3.Learned Counsels for the Applicants states
that Applicants are not persons who have authority to
approve the bills and certify completion of work. It is
also submitted that the co-accused are enlarged on bail
and hence, present Applicants also are entitled to get
bail on parity.
Page 2 of 4
ABA-96-2023+.odt
4.Learned APP opposed the applications by
stating that present Applicants were responsible for
preparation of muster roll and certification of the
actual work done and their direct involvement in the
crime is seen. It is also contended that there are
statements of witnesses and bank records to show that
money is transferred into account of persons who never
worked at site and from them it was taken back.
5.There is report of the Tehsildar which
indicates that the construction work of the road was
not completed and in spite of the same, bills were
prepared and sanctioned. It is pertinent to note that
present Applicants are Gramsevvak and Gramrojgar Sevak,
who had responsibility to mark presence of the labour
who actually work on the site as well as to certify the
actual work done. Thus, act of preparation of the
muster roll and certification of work can certainly be
attributed to these Applicants. Both Applicants,
therefore, prima facie seems to have committed
illegality. The material placed on record and
statements of witnesses further indicate that the
amount was transferred in the accounts of persons who
Page 3 of 4
ABA-96-2023+.odt
actually never worked as labourers in the construction
of the said road. There is report on record to indicate
that work is not completed. The higher officers or
other persons working in the Tehsil office though can
be said to be responsible for the final approval of the
bills, but it was not expected from them to visit the
site and ascertain the actual completion of work. The
certification of completion of work and preparation of
muster rool of labourers done by present Applicants has
resulted into passing of the final bills. Applicant,
therefore, cannot seek parity with the co-accused who
are enlarged on anticipatory bail considering different
roles. The involvement of the Applicants prima facie
seen in this crime. Their custodial interrogation is
necessary in order to ascertain as to how the persons
who never worked on the site were paid money by
transferring the same into their account as well as the
benefits derived by the Applicants therefrom.
dismissed.
Malani
Page 4 of 4
2 issues framed by the court
Whether the applicants can seek parity with co-accused enlarged on anticipatory bail given their direct involvement in certification and muster rolls.
Whether custodial interrogation is necessary to ascertain the illegality in the construction work.
Colour shows how this judgement treated each authority
Not citedReferred
1 provisions across 1 enactments
Angad Vilas Agale
Ashok Kondia Mundhe
The State of Maharashtra
R.M. JOSHI
As recorded by the court registry
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