ABHIJIT KESHAVRAO GAVHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these applications, the applicants are claiming bail under section 439 of Cr. P. C. These applicants have been arrested for the offences under sections 420,467,468,471,472 read with section 34 of Indian Penal Code and also under sections 3 and 7 of the Essential Commodities Act arising out of Crime No. 104/2007 of Police Station, Mahagaon.

(2.) The applicants are Government officials working in District Supply Department at Yavatmal. The offences are relating to the popularly known kerosene scam. It is alleged that the applicants had shown exaggerated figures of the population and got sanctioned more kerosene quota for Mahagaon Taluka of Yavatmal District, through District Supply Office, Yavatmal. Said quota of kerosene was in turn released to the wholesalers who thereafter released the same to semi-wholesalers and the retailers. The last end of this chain is that of retailers and licenced hawker's who had distributed kerosene, which is stated to be an essential commodity. It is alleged that because large quantity of kerosene was sought to be released by showing illegal enhancement in the population figure, the kerosene to the extent of some thousand kilolitres was sold in open market, some of it was sold in the black market from the period January 2003 to April 2006. It is alleged that because of this loss was caused to the Government to the extent of Rs. 3,73,50,800/-. In the act of commission of these offences, the aforesaid accused persons committed cheating to the Government by fabricating documents, submitting false notes of demands, and thereby caused loss to the Government.

(3.) When the offences were registered, the aforesaid accused/applicants, so also the other persons preferred an applications for grant of anticipatory bail. Some of the accused were released by the trial Court. The matter was also considered by this Court and orders of pre-arrest bails were passed.