VITTHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant apprehending arrest in connection with ofences registered u/s 405, 409, 420, 468, 470 and 471 of the Indian Penal Code vide Crime No.164/2019 with Taluka Police Station, Jalgaon Dist.Jalgaon preferred this application u/s 438 of the Code of Criminal Procedure.

(2.) Heard learned counsel for the applicant. Perused the First Information Report and the order dated 5.12.2019 passed by learned Additional Sessions Judge rejecting the application seeking anticipatory bail fled by the applicant. Also perused the papers of investigation made available for perusal of the Court and more particularly the report submitted by the Inquiry Committee.

(3.) In brief, it is the contention of learned counsel for the applicant that if the allegations made in the First Information Report are taken to their face value, then the allegations made against the applicant at the most make out a case of irregularity on the part of the applicant in discharge of duty as a Village Development Ofcer i.e. Gram Sevak. It is submitted that the applicant has deposited the amount of Rs.587904=50 with Panchayat Samiti which is shown to be recoverable from applicant as per report of inquiry. It is submitted that the investigation is practically over. The custodial interrogation of the applicant is not required as the applicant has deposited the amount with the Panchayat Samiti, Avhane Tq. & Dist.Jalgaon. It is further submitted that the case against the applicant is purely based upon the report of Inquiry Ofcer. In that view, the applicant deserves to be extended protection u/s 438 of the Cr.P.C .