LAWS(HPH)-2012-5-148

LALLU ABRAHIM Vs. STATE OF HP

Decided On May 22, 2012
LALLU S/O ABRAHIM R/O VILLAGE THARED P.O. RAJERA P.S AND DISTT. CHAMBA, H.P Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application, under section 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 266/11 dated 29.10.2011, registered at Police Station, Sadar Chamba, Distt. Chamba, H.P., under sections 409 IPC.

(2.) IT has been stated that police have registered the case on 29.10.2011. The investigation in the case is almost complete and nothing is to be recovered from the petitioner. The record, if any, is with the Panchayat and in the custody of Secretary. The petitioner is innocent and he has committed no offence. The petitioner has been falsely implicated in the case due to political rivalry. On account of registration of the case, the petitioner apprehends his arrest in the above case.

(3.) THE status report has been filed. It has been stated that case has been registered on the basis of letter dated 19.10.2011 of Assistant Commissioner (Development) -cum- Block Development Officer, Mehla. It has been stated that Lallu the then Pradhan Gram Panchayat, Garla has misappropriated government money to the tune of RS.17710/- by claiming fake attendance of labour on the construction of pucca path from river Ravi to Toranda. THE recovery of misappropriated amount has been made, but a criminal case is required to be registered against Lallu, as per the provisions of MNREGA. THE work was executed out of the funds of MNREGA. On this case has been registered.