Bombay High Court
Vikas S/O. Shripatrao Shinde vs The State Of Maharashtra on 14 October, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 1245.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 ANTICIPATORY BAIL APPLICATION NO. 1245 OF 2019
VIKAS S/O. SHRIPATRAO SHINDE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Waghpatil D. M. &
Mr. Ghule Aniruddha B.
APP for Respondent-State : Mr R. V. Dasalkar
...
CORAM : V.K. JADHAV, J.
Dated: October 14, 2019
...
PER COURT :-
1. The applicant is seeking anticipatory bail in connection
with Crime No.0144 of 2019 registered with Palam Police
Station, Taluka Palam, District Parbhani for the ofences
punishable under Sections 420, 465, 467, 468, 471 of Indian
Penal Code. His application with similar prayer bearing Criminal
Misc. Application No. 144 of 2019 came to be rejected by the
learned Additional Sessions Judge, Gangakhed, District
Parbhani.
2. Learned counsel for the applicant submits that the
applicant is a Consulting Engineer and he is supposed to
maintain the technical quality of construction so far as the
construction work of roads and drainage in ward nos. 1 to 17 of
Nagar Panchayat Palam is concerned. Learned counsel
submits that the allegations have been made to the extent that
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because of some incorrect entries taken by the applicant in the
measurement book, some excessive amount to the tune of
Rs.11.00 Lakh and some odd amount came to be paid to the
contractor. Learned counsel submits that the said contractor
has deposited the aforesaid amount with Nagar Panchayat
Palam and it is so mentioned in the complaint itself. Learned
counsel submits that even the applicant has submitted his
explanation in detail to the queries made by the committee
appointed by the Collector and headed by the Deputy Engineer
and other Engineers of the Nagar Panchayat Palam. Learned
counsel submits that in the given set of the allegations, custodial
interrogation of the applicant is not required. All the relevant
documents, including the measurement book, are already
seized in connection with the present crime. The applicant is
not in service of the Nagar Panchayat and as such, there is no
question of tampering with the prosecution evidence. The
applicant may be released on anticipatory bail.
3. Learned APP has strongly resisted the application on the
ground that the applicant has prepared false and fabricated
record of measurement of the work carried out by the contractor
in respect of the construction of roads and drainage in ward nos.
1 to 17 of Nagar Panchayat Palam and as a result thereof, an
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excess amount came to be paid to the contractor. Even though
the contractor has deposited the said amount with Nagar
Panchayat Palam, however, it cannot be ignored that because
of the false and fabricated documents prepared by the applicant
an excess amount has been paid to the contractor. Learned
counsel submits that even the Collector has given directions to
file a complaint against the applicant and accordingly this
complaint came to be filed. The applicant may not be released
on anticipatory bail.
4. On going through the allegations made in the complaint
and on perusal of the investigation papers, it appears that there
are no antecedents of the applicant. The applicant is working as
Consulting Engineer. Though certain entries are incorrectly
taken in the measurement book with regard to the quality of
construction work of the roads and drainage and even though
the contractor has completed the work to the extent of amount of
Rs. 48.00 lakh and some odd amount, the allegations have been
made to the extent that an excess amount of Rs. 11.00 lakh and
some odd amount has been paid to the contractor on account of
the said incorrect entries. It has been alleged in the complaint
that the applicant has failed to maintain the quality of work.
However, it cannot be ignored that a substantial amount has
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been paid to the contractor without questioning the work already
carried out by him. Apart from this, said contractor has
deposited the aforesaid amount of Rs.11.00 lakh and some odd
amount in the Nagar Panchayat Palam. Thus, considering the
same, I do not think that custodial interrogation of the applicant
is required. I am thus inclined to allow this application with
certain conditions to facilitate further investigation into the crime.
Hence, following order.
ORDER
1. The application is hereby allowed.
2. In the event of the arrest of the applicant VIKAS S/ O. SHRIPATRAO SHINDE in connection with Crime No.0144 of 2019 registered with Palam Police Station, Taluka Palam, District Parbhani for the ofences punishable under Sections 420, 465, 467, 468, 471 of Indian Penal Code, he be released on bail on his furnishing P.B. of Rs.15,000/- (Rs. Fifteen Thousand) with one surety of the like amount on the following conditions :-
a] The applicant shall not tamper with the prosecution evidence in any manner.
b] The applicant shall attend the concerned police station once in a week i.e. on every Sunday between 8 am to 11 am till filing of the charge sheet.
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3. Application is accordingly disposed of.
( V.K. JADHAV, J. ) ...
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