HASMUKHBHAI VALLABHBHAI BERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Shruti Pathak, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No. 2 of 2020 registered with ACB Police Station, Jamnagar for the offences punishable under sections 465, 468 and 34 of the Indian Penal Code sections 12, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988.

(3.) Mr. V.H. Kanara, learned advocate for the applicant submitted that the FIR has been lodged on a complaint by one Muljibhai Danabhai Mobhera, in the said FIR, it is stated that under the scheme of Mahatma Gandhi Swachhata Mission, Nirmal Gujarat Individual Toilet Construction Scheme, almost about 400 toilets were constructed by the concerned trust/organization and there are allegations of misappropriation of funds leading to the loss to State Exchequer amounting to Rs.78,800/-. Mr. Kanara, further submitted that the present applicant is retired person and he had to randomly check 10% of total construction of the toilets, and actually, it was the Junior Engineer and Additional Assistant Engineer, who are required to do 100% supervision in the construction of toilets. The present applicant had to rely upon the receipt of the report and certificate issued by the Junior Engineer and Additional Assistant Engineer. Mr. Kanara, also submitted that according to the norms of the State Government, the agencies which have constructed toilets have only been paid 90% of the bills, whereas remaining 10% bill is still in custody of the corporation. Thus, the remaining amount of more than Rs.2 crores still remains with the corporation and thus, no allegation of misappropriation can be levelled against the agencies. Mr. Kanara, further submitted that Jamnagar Municipal Corporation has provided a list of 12 Trust/Organization for construction of toilet in the year 2014-15. There is gross and unexplained delay in registration of the present FIR as the alleged offence is committed from 2014-15 to 2016-17 whereas the present FIR came to be lodged on 12.07.2020 and about 63 different agencies were allotted the work of construction of 20 wards. In the year, 2014-2016, 14,475 toilets and in 2016-2017, 16,182 toilets came to be constructed and the applicant was only responsible to randomly check 10% of total construction of the toilets and since Rs.2 crores are still pending before the corporation, Mr. Kanara, prayed to grant anticipatory bail to the present applicant, submitting that Kaushal Vijaybhai Chauhan, Assistant Engineer, was granted anticipatory bail by this Court vide order dated 28.07.2020 passed in Criminal Misc. Application No.10261 of 2020.