BHAG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. This is the second bail application filed on behalf of the petitioner under Sec. 438 Cr P C. The case diary was called and two opportunities were given for the same. However the learned Public Prosecutor gives out that he has not been able to get the case diary inspite of his best efforts.

(2.) It is given out by Shri Rajesh Moondia, learned counsel that FIR was lodged on 22.11.88 against the petitioner who is a Sarpanch under Sec. 409 Penal Code stating that he was given Rs. 17,000.00 for constructing Patwar Bhawan and Panchayat Bhawan and another Rs. 13 000.00 were collected from public for construction. The allegation against the petitioner is that he embezzled the amount and did not construct either of the buildings.

(3.) It is submitted that the petitioner has been given certificate dated 17.8.1990 by J. En. which is also verified by B D.O. in which giving reference to the measurement-book it has been stated that Rs. 24,306/- were spent on construction of Panchayat Bhawan and Rs. 9,186/-were spent on construction of Patwar Bhawan.