SADA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition under Section 438 Cr.P.C. has been preferred by Sada Ram, the then Secretary, Gram Panchayat, Dhoun Kothi for grant of pre -arrest bail in case FIR No. 18 of 2013 dated 2.2.2013 registered under Section 420 read with Section 34 IPC at Police Station, Barmana, Tehsil Sadar, District Bilaspur, H.P. It appears that a written complaint was sent by the Block Development Officer, Bilaspur to the Incharge, Police Station, Barmana regarding certain irregularities in the utilization of funds of the Mahatma Gandhi National Rural Employment Guarantee Act (for short 'MNREGA'). According to this report, there were some awards passed by the Ombudsman in which complicity of the accused had been established regarding the mis -utilisation and misuse of the funds of the MNREGA.

(2.) IT is the case set out in the complaint that against a total sanctioned amount of Rs. 7,16,100/ -, a sum of Rs. 1,75,000/ - was found to have not been utilized at all and had thus been appropriated by the petitioner along with Inder Dev, Technical Assistant and Shyam Lal, the then Pradhan of the Gram Panchayat.

(3.) IN this backdrop, Sh. Virender Kumar Verma, learned Additional Advocate General prayed that the petitioner cannot be released on bail and no leniency can be shown in his favour since he has mis -utilised, misused or even appropriated the amount, which otherwise were meant for the general public.