(1.) This application is filed under section 439 (2) of Criminal Procedure Code for cancellation of bail granted to respondent No. 2 - Shri. Gulabrao Bapurao Deokar in Crime No. 13/2006 registered in City Police Station, Jalgaon for offences under sections 120-B, 406, 409, 411, 420, 465, 466, 468, 471, 109 r/w. 34 of Indian Penal Code and under section 13 (2) r/w. 13 (1)(c) and 13 (1)(d) of the Prevention of Corruption Act. Subsequent to grant of bail by Special Court, charge-sheet came to be filed and now the Special Case bearing No. 4/2012 is pending against the respondent No. 2. Both the sides are heard.
(2.) The learned Special Prosecutor appointed by the State supported the application.
(3.) The crime is registered on the basis of report dated 2.2.2006 given by the Commissioner of Jalgaon Municipal Corporation. The report and the record shows that there was scheme prepared by Jalgaon Municipal Corporation in the year 1997 for making construction of houses for slum dwellers. Around 11424 houses were to be constructed and 9 places for such construction were selected. The estimated cost of this scheme was Rs. 8913.74 lacs and out of this amount, the amount of Rs. 7519.14 lacs was to be taken from HUDCO as a loan. The Commissioner found that there was no resolution of the Corporation in respect of necessity of such scheme and also for the implementation of such scheme. For preparing plan estimate, some architects were appointed without calling tenders by publishing tender notice and to the architects the fees at the rate of 3% of the estimated cost (Rs. 250/- lacs) was paid. One High Power Committee was shown to be constituted for this work and one Pradip Gyanchand Raisoni was shown to be made President of this Committee. There is no provision in Corporation Act for constitution of such committee.