BHAGWAT Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally by consent of parties.

(2.) By the present application under Section 482 of the Code of Criminal Procedure, the applicant-one of the accused arrested in connection with Crime No. 197/2012 of Pandharkawda Police Station for offence under Sections 408, 409 read with Section 34 of Indian Penal Code, has prayed for exercising inherent powers of this Court for quashing and setting aside the order dated 21.03.2012 cancelling the bail granted to him vide order dated 11.11.2012 and order dated 01.06.2013 passed by the Court of Sessions, Kelapur upholding the said cancellation by rejection of an application in revision preferred by the said applicant to the Court of Session challenging said order of cancellation passed by trial Court.

(3.) The crime in question was registered upon the first information lodged by one Aniruddha Adhav on the allegation of the applicant along with the other accused having misappropriated an amount of about Rs. 20 lacs entrusted to him in his capacity as Project Officer. Considering the nature of controversy involved, it will be wholly unnecessary to state in detail about the matters in said first information report and the crime, except that in short it is the allegation in the complaint that work under Thakkar Bappa Adivasi Sudhar Scheme of executing construction work of Nalli and the road, for an amount of Rs. 20 lacs or thereabout was allotted to one Mahatma Fule Gramin Bahujan Vikas Sanstha. During the course of investigation, the applicant was arrested on 11.11.2012 and was produced before the Court of Judicial Magistrate First Class. Significantly enough no police custody remand was then sought of the applicant for the purposes of investigation. Resultantly by order passed on Sunday i.e. on 11.11.2012, the applicant was ordered to be released on bail with conditions amongst other, a condition No. 3 to attend the Police Station Pandharkawda on every Sunday.