Bombay High Court
Sunil S/O. Sudhakar Kulkarni vs The State Of Maharashtra And Anr on 28 April, 2021
Author: R. G. Avachat
Bench: R. G. Avachat
A.B.A. No.93/2020, 110/2020 &
137/2020
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.93 OF 2020
Sunil s/o Sudhakar Kulkarni ... APPLICANT
VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
.......
Shri Satej S. Jadhav, Advocate for applicant
Shri P.G. Borade, A.P.P. for respondents
.......
WITH
ANTICIPATORY BAIL APPLICATION NO.110 OF 2020
M/s M.S. Deshmukh Construction,
through its Partner
Manoj Shivajirao Deshmukh ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Shri S.G. Jadhavar, Advocate for applicant
Shri P.G. Borade, A.P.P. for respondent
.......
WITH
ANTICIPATORY BAIL APPLICATION NO.137 OF 2020
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A.B.A. No.93/2020, 110/2020 &
137/2020
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Sayeed Abdul Raheman s/o Pasha ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Shri M.L. Dharashive, Advocate for applicant
Shri P.G. Borade, A.P.P. for respondent
.......
CORAM : R. G. AVACHAT, J.
Date of reserving order : 19th March, 2021
Date of pronouncing order : 28th April, 2021
ORDER:
These three applications for anticipatory bail are being decided by this common order since they arise from one and the same Crime, registered with Killari Police Station, District Latur.
2. The applicants claim to have an apprehension of being arrested in connection with Crime No.0189/2019, registered at Killari Police Station, District Latur for the offences punishable under Sections 420, 409 read with Section 34 of the Indian Penal Code.
3. The First Information Report (F.I.R.) has been ::: Uploaded on - 29/04/2021 ::: Downloaded on - 09/09/2021 07:07:04 ::: A.B.A. No.93/2020, 110/2020 & 137/2020 :: 3 ::
lodged by Taluka Agricultural Officer, Ausa, District Latur. It has been alleged in the F.I.R. that, the work of construction of Jalyukta Shivar was implemented in the Taluka in the year 2016-2017. The works of compartment bundings under the Scheme of Jalyukta Shivar have been completed at village Kumtha, Taluka Ausa, District Latur. The said work had been assigned to M/s M.S. Construction, Dharur and Sayyed Abdul Rahaman Pasha of Latur. Shri M.S. Deshmukh, applicant in Anticipatory Bail Application No.110/2020 is the proprietor of M.S. M/s Construction. He constructed compartment bundings in land Gut Nos.1, 2 and 3. The cost of work assigned to M/s M.S. Construction was of Rs.13,76,275/-. The Committee headed by Sub-divisional Agricultural Officer, Latur inspected the said work to find that the cost of completed work was not more than Rs.4,83,142/-.
4. It has further been alleged that, the contractor Sayeed Abdul Rahman Pasha did the work of compartment bunding in land Gut Nos.4, 5, 6 and 7. In the measurement book, he is shown to have done work costing Rs.17,80,704/-. During inspection of the Committee headed by the Taluka Agricultural Officer, it was found that the cost of work actually done was Rs.3,77,136/-. As such, both Shri M.S. Deshmukh, ::: Uploaded on - 29/04/2021 ::: Downloaded on - 09/09/2021 07:07:04 ::: A.B.A. No.93/2020, 110/2020 & 137/2020 :: 4 ::
applicant in Anticipatory Bail Application No.110/2020 and Sayeed abdul Rahman Pasha, applicant in Anticipatory Bail Application No.137/2020 received amount of Rs.8,93,093/- and Rs.14,03,568/- respectively in excess of the actual work done.
5. It has further been alleged that, Shri Sunil Kulkarni, applicant in Anticipatory Bail Application No.93/2020 was working as Agricultural Assistant at Kumtha during the relevant time. To take measurement of the work done and record them in measurement book was the job of Shri Kulkarni. He recorded incorrect/ false measurements in the measurement book and thus joined hand with the contractors in misappropriating public funds totally amounting to Rs.22,96,683/-.
6. Learned A.P.P. would submit that the applicants misappropriated public funds. Custodial interrogation of the applicants is required. The F.I.R. has been lodged by a public servant. Allegations in the F.I.R. are based on the enquiry made by a Committee headed by a Sub-Divisional Agricultural Officer, Latur. He, therefore, urged for rejection of the application.
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7. Learned counsel appearing for the respective applicants would, on the other hand, submit that the work has been completed way back in 2016-2017. The F.I.R. has been lodged in December 2019. The Grampanchayat of the concerned village certified the work. Thereafter the bill has been passed by the higher officials of the Department. The allegations in the F.I.R. have been made only because some villagers have made a false complaint. The learned counsel for the applicants offered to deposit the entire amount of alleged misappropriation. They would submit that, the applicants are ready to cooperate with the investigation.
8. I have considered the rival submissions. The applicant Shri M.S. Deshmukh and Sayeed Abdul Rahman Pasha were assigned the work of construction of compartment bunding under the Jalyukta Shivar Scheme implemented at Kumtha, Taluka Ausa, District Latur. The work of construction of compartment bunding has been completed in 2016-2017. There is on record a certificate issued by the Gramsevak and Sarpanch of the Village Panchayat of Kumtha, certifying the work to have been completed satisfactorily. The certificate also states that, the quality of work was good and it has been ::: Uploaded on - 29/04/2021 ::: Downloaded on - 09/09/2021 07:07:04 ::: A.B.A. No.93/2020, 110/2020 & 137/2020 :: 6 ::
completed as per the budget. The certificate has been issued in August 2018. the proposal for release of the funds in favour of the Contractors has thereafter been approved by the higher authorities. The F.I.R. has been lodged in December 2019. The learned counsel for the applicants have every reason to contend that 2 - 3 rainy seasons have thereafter passed and due to natural reasons, the state of the bunding work might have been deteriorated, as has been noticed by the inspection committee. Moreover, the applicants have offered to deposit the amount of alleged misappropriation. In this factual backdrop, I am inclined to allow the applications. Hence the following order :
ORDER
(i) The Anticipatory Bail Applications are allowed.
(ii) In the event of arrest of the applicants in connection with Crime No.0189/2019, registered at Killari Police Station, District Latur for the offences punishable under Sections 420, 409 read with Section 34 of the Indian Penal Code, the applicants be released on bail on their executing P.R. bonds in the sum of Rs.15,000/- (Rupees fifteen thousand) each with one ::: Uploaded on - 29/04/2021 ::: Downloaded on - 09/09/2021 07:07:04 ::: A.B.A. No.93/2020, 110/2020 & 137/2020 :: 7 ::
surety in the like amount, on condition of applicants depositing total Rs.22,96,683/- with the office of the Sub-Divisional Agricultural Officer, Latur, within a period of two weeks from today. The said amount would be returned to the applicants in case of their acquittal and exoneration in any departmental enquiry/ proceedings that may be initiated against them for recovery of the amount of misappropriation or loss suffered by the Department.
(iii) The applicants shall appear before the investigating officer as and when required.
(iv) In case of failure to deposit the amount within two weeks, the applications to stand dismissed without reference to this Court.
( R. G. AVACHAT ) JUDGE fmp/-
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