ABDUL RAZAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. Petition No. 19184-M of 1997 whereby petitioner Abdul Razak has prayed to this Court for the grant of anticipatory bail to him in case enquiry No. 8, dated 12.7.1996, conducted by the State Vigilance Bureau, Gurgaon and the report submitted on 20.8.1997 after conducting enquiry. In pursuance of which, case was registered under Sections 409, 420, 468, 471 and 120-B of the Indian Penal Code on charges No. 1 and 5 in the Inquiry Report.

(2.) ACCORDING to the prosecution, a sum of Rs. 1,50,000/- was received by Gram Panchayat, Jalalpur Nuh, Block Nagina for brick paving in streets. In bricks from this amount, only 10-15 thousands bricks were received for villages Khanpur Nuh and Mau under this Panchayat. These bricks were not used in the brick paving of the streets but were dumped at improper places. Some bricks were misutilized by Shri Shabbir, husband of the Sarpanch in connivance with Abdul Razak, J.E. (Petitioner). As per the Panchayat record and Gram Sachiv Panchayat, village streets were paved through B.D.P.O., Nagina and no street was paved by the Gram Panchayat. Gram Sachiv stated that three streets, namely, one street in village Jalalpur Nuh, one street in Khanpur Nuh and one street in village Mau were paved through B.D.P.O. Accountant Block, Nagina stated that for village Mau for brick pavement in streets, Rs. 30,000/- were received out of which Rs. 29,864/- were spent and for village Khanpur Nuh, 60,000/- were received out of which Rs. 57,950/- were spent. As per J.E. Abdul Razak (petitioner), two streets, one in village Khanpur Nuh and other in village Mau were paved and total 59,500 number of bricks were used in both the streets vide M.B. 14085 respectively. As regards the third street in village Jalalpur Nuh, Abdul Razak stated that its brick pavement was started only 2-3 days earlier. On the measurement of the said two streets it became revealed that 46,556 bricks were used. J.E. Abdul Razak further stated that the remaining bricks lying at the site of the streets and collected before the floods during 1996 had been stolen/lifted in piece-meals by the villagers and thefts of the bricks came to his notice after the flood season was over and when pavement of streets was commenced in August, 1996. This fact of missing of the bricks was brought to the notice of B.D.P.O. Nagina, who brought the matter to the notice of S.H.O., P.S., Nagina vide his letter No. 855-57 dated 12.8.1996. If the number of bricks stolen/lifted was ascertained, then the actual number of bricks used in the pavement of streets could be worked out. During investigation, Investigating Officer found some bricks to have been used by the villagers after lifting from the bricks collected for the pavement of streets in village Khanpur Nuh. It was also found that some bricks were found scattered in some private houses. Investigating Officer thus found that it could be suspected that some bricks brought for street pavement were actually lifted but actual number of bricks so lifted illegally by the villagers could not be ascertained. Rs. 40,000/- was received by the Panchayat for the laying of roofing of the school of Gram Panchayat and old material received during dismantling of roofing was utilized in laying of the same and new material R.S. Joists etc. was misutilized. As per Gram Sachiv, this work was done through B.D.P.O., Nagina and there was no record in the Panchayat. Wooden battens of no use were also observed lying with Sarpanch. Relaying of said roof work was inspected by him and items executed were found as per entries in M.B. A drawal of Rs. 20,000/- was made from the Panchayat fund for the Gram Panchayat school boundary wall and the amount was embezzled by only excavating the foundation of boundary wall. Shri Shabbir received 1100 bricks from each person for latrines under the scheme from Government for Gram Panchayat. As per Abdul Razak, the alleged latrines were constructed under the Government scheme free of cost for persons belonging to scheduled castes and in case of general category persons, 1000 number of bricks were taken from the beneficiaries and as such the Panchayat received the bricks. As per prosecution, Sarpanch and her husband sold and used the cement which was received for Panchayat's work from Government. On investigation, it was found that 17 bags of cement were used while 8 cement bags remained unaccounted for. As per prosecution, Gram Panchayat received Rs. 90,000/- in grant for wells which was embezzled by showing little work in tubewells. On investigation, the Gram Panchayat received Rs. 50,000/- from the Accountant Block Nagina for wells for village Khanpur Nuh out of which Rs. 49,736/- were spent and Rs. 45,000/- were received for wells in Gram Panchayat, Jalalpur Nuh. Necessary sample was taken which was sent to F.S.L. According to prosecution, Abdul Razak, J.E., Bikram Singh, B.D.P.O. and Vinod Kumar, brick kiln owner in connivance with each other prepared false record and misappropriated the Government money. According to the prosecution, some of the bricks received for the pavement of streets were misappropriated by Abdul Razak etc. Similarly, sub-standard material was used in the construction and also that less bags of cements were utilized and some bags were misappropriated.