SACHIN ANILKUMAR KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are seeking anticipatory bail in connection with C.R.No. 54 of 2021, registered with Sadar Bazar Police Station, Solapur, under Sections 120B, 163, 166, 182, 218, 406, 409, 420, 468, 471 of the Indian Penal Code (for short 'IPC ') and under Section 43 of the Information Technology Act, 2000.

(2.) Informant, Smt. Snehal Sham Chapalgaonkar, was working in Solapur Municipal Corporation (hereinafter referred to as "SMC ") as a Computer Programmer. According to her, SMC had given work order to M/s. Cybertech System Software Pvt. Ltd. for completing Geographical Information Survey (hereinafter referred to as "GIS ") survey, preparing bills for tax collection, receipts, new registration and self assessment etc. The company was expected to host all these programmes and data on survey of SMC. For the entire work, the price was fixed at Rs. 5.20 Crores. The present applicants are connected with the said company. The Applicants in Anticipatory Bail Application No. 610 of 2021 are the Executive Director, Vice President, Assistant Manager, employee and Assistant Engineer respectively. Similarly, the Applicant Sachin Anilkumbar Kamble in Anticipatory Bail Application No. 735 of 2021 was appointed as Nodal Officer. He was supposed to co-operate with the company and it was his duty to get the work completed and submit a report to the officers of SMC.

(3.) The prosecution alleges that the company without completing the job submitted bills for Rs. 3,83,04,868/-. The Applicant Sachin Anilkumbar Kamble gave completion certificate and, therefore, the company paid Rs. 3,46,07,309/- . However, it was revealed that majority of the work was still incomplete. The data was not hosted on SMC 's server and in general the system was not working at all. Accordingly, the FIR was lodged.