KISHOR BHALCHANDRA GHAG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN terms of Administrative Order passed by the Hon'ble the Chief Justice, this Application for anticipatory bail is placed before this court.

(2.) ACCORDING to the case of the Applicant he is an agriculturist and he was elected as Sarpanch of village Naishi, Taluka Chiplun, District Ratnagiri for the period between the years 2000 to 2005. The offence has been registered under section 420 read with section 34 of the Indian Penal Code. The first informant is an officer of Chiplun Panchayat Samiti. The allegation of the prosecution is as regards misappropriation of the grant released by the Zilla Parishad in favour of Naishi Gram Panchayat under the Yashwant Gram Samruddhi Yojna. The allegation in the F.I.R is that the work under the Yashwant Gram Samruddhi Yojna of asphalting roads was commenced without prior intimation to the competent authority. The work was found to be of inferior quality by the Executive Engineer of P.W.D. Chiplun. The allegation against the Applicant and other co-accused is as regards disbursing sum of Rs.2,60,000/- to the contractor without verification of the quality.

(3.) SO far as the prosecution case is concerned, the same is entirely based on documentary evidence. The Applicant is no longer the Sarpanch of the village and the record of the Gram Panchayat is available to the Investigating Agency. Admittedly, the Applicant has co-operated with the Investigating Officer and has regularly attended the Police Station. The learned A.P.P states that his attendance will be required on seven more days.