GULABRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applications are filed for suspension of the substantive sentence given to the applicants in Special Case No.1/2014 which was pending in the court of the learned Special Judge Dhule. All the applications are filed only for relief of bail and not for suspension of the order of conviction. The trial court has convicted the applicants for offences punishable under sections 177,201,406,409,420, 120-B etc. of the Indian Penal Code and also for the offences punishable under sections 13(1)(c),13(1)(d) read with 13(2) of the Prevention of Corruption Act. Sentence of imprisonment of the period of 4 to 5 years is given to each of the applicants. Their appeals are already admitted by this Court. Heard learned Senior Counsel and other counsels for these applicants and learned Special Public Prosecutor Shri. P.P. Chavan. The record of evidence was made available by the learned Special Public Prosecutor Shri. Chavan.

(2.) The submissions made and the record of evidence show that in the trial court it is proved that the present applicants were Councilors of Jalgaon Municipal Council at the relevant time, from the year 1996 onwards and many of them had become President of the local body during the relevant time. In that capacity they were public servants. They were of the group of Shri. Suresh Jain who was the Minister of Housing Department in the State Government and the M.L.A. of Jalgaon constituency at the relevant time. The applicants were elected from Aghadi by name Shahar Vikas Aghadi formed by Shri. Suresh Jain and so they were under his thumbs. This Aghadi came in power in subsequent elections also so during entire relevant time the group formed by Shri. Jain was in power. The case of the prosecution that Shri. Jain had hatched conspiracy with his close associates like Pradip Raisoni, Rajendra Mayur, Jagannath Wani and the Councilors and all of them acted as per the desire of Shri. Jain and they helped in carrying out the object of the conspiracy is proved in the trial court. A scheme of construction of more than 11000 houses for economic weaker sections was floated by this local body at the instance of Shri. Jain and by using this scheme loan was obtained from HUDCO and many necessary permissions were obtained by Shri. Jain for this project. By giving go-by to the routine procedure and the officers of the local body, decisions were taken and the amount which was made available for the project was given to the contractor, Khandesh Builders Ltd. This was done tactfully by misusing the process of tender notice and by altering the conditions illegally. The amount was given to the contractor in the name of mobilization advance but this amount was diverted to various concerns of the main accused and some amount was directly diverted to Shri. Suresh Jain. For this, a high power committee was constituted in the local body which was headed by Shri. Raisoni, a close associate of Shri. Jain. Due to reservation policy, Raisoni could not have become the President and so such modus operandi was used and through this high power committee the decisions were taken and implemented as desired by Shri. Jain. The outsiders like architects were appointed and to them also huge amount was given from the funds of the local body. Nobody dared to utter a word against Shri. Jain at the relevant time. Ultimately one Shri. Gedam, Municipal Commissioner, who was of the rank of I.A.S., showed courage and gave report to police on 27-1-2006. Due to influence of Shri. Jain police did not show courage to register crime and start investigation and then make progress in the investigation. Then one officer of IPS rank Shri. Ishu Sindhu showed courage and he made progress in the investigation. Shri. Jain came to be arrested and charge sheet came to be filed.

(3.) Before the trial court the aforesaid modus operandi is proved and the money trail is also proved. Though the loss on record is shown to be Rs.169 crores, the actual loss sustained by the local body was huge and the financial condition of this local body is virtually crippled. The work was not executed and it is declared that the work itself is illegal. The sites were not fixed on the date of the tender notice and subsequently the sites which were reserved for other purposes were shown to be available for this project. Some construction was made but it is of no use and so it remained a dream of the economic weaker sections of people to get a shelter through the local body.