RAVEENA BIBI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS order will dispose of all three petitions arising out of FIR No. 4/13 under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and 13(2) of the Prevention of Corruption Act. They apprehend their arrest in this case by the police of Police Station, State Vigilance and Anti Corruption Bureau, Una.

(2.) ACCUSED -petitioner Raveena Bibi is the Pradhan of Gram Panchayat, Sidh Chalehar under Development Block, Amb, District Una, whereas, accused -petitioner Rukam Deen, her husband was the former Pradhan of the said Gram Panchayat and accused -petitioner Kishori Lal, presently working as Assistant Engineer in I&PH, Sub -Division, Dhaneta, District Hamirpur remained posted as Junior Engineer in I&PH, Sub -Division, Bharwain at Chintpurni till 2011. One Water Supply Scheme 'Margad -Khud -Suhi' in the jurisdiction of Gram Panchayat, Sidh Chalehar was sanctioned under the Water Shed Project in the year 2012. A sum of Rs.1,20,000/ - was sanctioned for this scheme. A complaint was received by the State Vigilance and Anti Corruption Bureau, Dharamshala qua misappropriation of the funds sanctioned for commissioning the aforesaid scheme. On inquiry, it transpired that a sum of Rs.73,206/ - were spent and this amount was found to be paid to accused - petitioner Rukam Deen. The investigation conducted in the matter reveals that a sum of Rs.73,206/ - was paid to Yadvinder Singh, proprietor of Yadvindra Hardware, V.P.O. Nakdoh, the co -accused of the petitioner towards the price of G.I. pipes 62 in number in the dia of 1 1/2", 1¼" and 1". Bill voucher issued by Yadvindra hardware to this effect has also been taken on record. During investigation, it transpired that Yadvindra hardware was not dealing with the G.I. pipes of the above dimension and on checking the record i.e. bill books, apart from the bill voucher with respect to the sale of G.I. pipes for the aforesaid dimension allegedly purchased by the Pradhan, Gram Panchayat, Sidh Chalehar (accused -petitioner Raveena Bibi), no other bill qua sale of the G.I. pipes in the same dimension could be found to have been issued. On further investigation, it transpired that the Pradhan never purchased any G.I. Pipes from Yadvindra hardware and rather her husband accused -petitioner Rukam Deen had procured the G.I. pipes from his co -accused Ramesh Chand, Chowkidar, I&PH, Department to whom the custody thereof was entrusted by Shri Ashok Kumar, Junior Engineer, Chintpurni Section for repair and maintenance of Water Supply Schemes at Lohara, Dhatun, Majha, Chowki, Shashan, Pagda etc. The accused -petitioner Rukam Deen is found to have engaged labour from outside for digging the trench for laying the pipes of Government supply, he procured from his co -accused Ramesh Chand. The services of two local Fitters namely Anil and Shrawan Kumar were hired by accused -petitioner Rukam Deen, who have been associated as witnesses in this case. The work was to be executed by Gram Panchayat through a Committee, which though was constituted, however, not taken into confidence by accused -petitioner Raveena Bibi, Prahdan of the Gram Panchayat. She herself called the quotations for the supply of G.I. pipes. She opened the quotations herself and accepted the quotation submitted by her co - accused Yadvinder Singh, proprietor of Yadvindra Hardware. Both Raveena Bibi and her husband Rukam Deen in connivance with each other and with a view to grab the funds sanctioned for the scheme in question connived with their co -accused Yadvinder Singh and Ramesh Chand. They used the pipes of Government supply for execution of the scheme, however, drawn the funds on the bill allegedly forged and fictitious obtained from their co -accused Yadvinder Singh and they all misappropriated and embezzled the public funds intentionally and deliberately to have wrongful gain for themselves and caused loss to the public exchequer.

(3.) THE position hereinabove, prima -facie reveals that investigation against accused -petitioner Raveena Bibi is still in progress, it is, however, her husband accused Rukam Deen seems to be the prime accused in this case. Accused -petitioner Raveena Bibi being his wife and under his control seems to have acted in this matter under his guidance and on his instructions. Therefore, at this stage, her custodial interrogation is not required. Similarly, in the given facts and circumstances and the above discussion, accused -petitioner Kishori Lal is also not required for custodial interrogation at this stage. In case at some later stage the necessity of their custodial interrogation is felt by the investigating agency, application for seeking appropriate orders in this behalf can be filed. Therefore, at this stage in the event of arrest of accused -petitioners Kishori Lal and Raveena Bibi in connection with the above said case, they deserve to be released on bail. This Court, however, is satisfied that the accused -petitioner Rukam Deen is required to be interrogated in custody and as such, petition filed by him for grant of anticipatory bail deserves to be dismissed.