CHERIANVARGHESE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant is apprehending his arrest in connection with CR No.25/2015 registered with Kinwat Police Station, District Nanded for the offences punishable under Sections 420, 467, 471 r/w 34 of Indian Penal Code. The applicant is working as an Engineer, at Panchayat Samiti,Kinwat District Nanded.

(2.) Heard learned Advocate and learned APP for the respective parties.

(3.) It has been submitted on behalf of the applicant that complainant-informant viz. Satish Laxmanrao Bontalwar, who poses himself to be General Secretary of Bhrashtrachar Nirmulan Samiti of Marathwada, filed a private complaint in respect of embezzlement of public money to Kinwat Police Station and SP at Nanded. It is further submitted that since the Police did not take any cognizance pursuant to the said complaint, therefore, the complainant had filed a private complaint before the JMFC, Kinwat bearing OMCA No.15/2015 on 18th March, 2015 against the present applicant and others wherein the learned Magistrate passed an order under Section 156(3) of Cr.P.C. and accordingly the Police have registered the aforesaid Crime. It has been alleged in the complaint that the applicant and other co-accused did not complete the work of Road from Shivramkheda to Railway Track which was sanctioned under Mahatma Gandhi Rozgar Yojana during financial year 2012. It is further alleged that the length of the road is 700 mtrs and the sanctioned amount is Rs. 14,91,583. The applicant and other co-accused did not complete the said work and thereby they misappropriated the amount for their own benefit. Pursuant to registration of the Crime, an inquiry was also conducted and during inquiry, it was found that the work of the road, in question, was not completed. It is further contention of the applicant that in the FIR there is no specific allegation against the applicant. The applicant is working as Engineer, Panchayat Samiti, Kinwat and there is no question of his abscondance and his custodial interrogation is not necessary. The applicant submits that he is ready to abide by the terms and conditions that may be imposed while releasing him bail and ultimately prayed for pre- arrest bail.