AJIT BARWA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application moved by the accused/applicant under Section 438 of the Cr.P.C for grant of anticipatory bail in connection with Crime No.324/2017 registered at Police Station Rajgarh (Biaora) for the offence punishable under Sections 420, 467, 468, 409, 120-B of the IPC.

(2.) Initially the applicant was not made accused in the aforesaid criminal case. After going through the challan, learned JMFC vide order dated 23.04.2019 in exercise of power under Section 319 of the IPC has found prima-facie case against him and took cognizance. Learned Special Judge has issued an arrest warrant through Superintendent of Police, Rajgarh, hence, present bail application under Section 438 of the Cr.P.C.

(3.) As per the material available in record of Sessions Trial No.4/2019, Jila Panchayat, Rajgarh awarded the work of construction of toilets in Gram Panchayat, Machalpur, Dhanwas Kala Hathikheda under the Swacha Bharat Mission. There was a complaint and allegation of financial irregularities and misappropriation of the Government fund. The Collector Rajgarh constituted a 5 member's committee who submitted a report. As per the report accused Balwant Singh (Sarpanch), Mangilal (Sarpanch), Roshan Singh (Kerar Sachiv) and Mohan Singh (Sachiv), Tushar Singh (District Coordinator) were found responsible in misusing the Government fund Rs.13,56,000/- in Gram Panchayat, Machalpur. The then CEO Jila Panchayat, Rajgarh directed Block Coordinator to lodge an FIR. Thereafter, an FIR was lodged under Crime No.324/2017 against the aforesaid accused and after completing the investigation challan was filed. On the basis of material available in the challan, learned Special Judge vide order dated 23.04.2019 has prima-facie found that the applicants while working as a CEO, of Janpad Panchayat at the relevant point of time has approved the work without verifying its quality and on the basis of such approval the payments were made. He did not furnish complete information and material to the CEO, Jila Panchayat, hence, he also liable to be made accused in the present case.