(Exh.1) ::1:: Criminal Bail Application No.1183/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1183 OF 2022
Digambarsingh Jaipalsingh Parihar, ]
age – 41 yrs., Occu – Service. ].. Applicant/accused
V/s.
The State of Maharashtra ] Through– P.I. Harsul Police Station. ] ..Respondent/prosecution
Advocate Shri.Y.G.Gharte for the applicant/accused.
APP Shri.Kadave for the State.
ORDER BELOW EXH.1
This bail application is filed u/s. 438 of Cr.P.C. in connection with C.R.No.87/2022 registered with Harsul Police Station for the offence punishable u/s. 420, 406, 409 r/w. 34 of the Indian Penal Code.
2.The facts of the prosecution case is that informant Anil Bansilal Shahare (informant) is a Block Education Officer, Panchayat Samiti Office, Tryambakeshwar lodged complaint that the accused no.1 Chandar Bendkoli is a principal of Zillha Parishad School, Somnath Nagar and accused no.2
Digambarsingh Jaipal Parihar (applicant) is a Assistant Teacher. Both of them in furtherance of common intention misappropriated the scholarship amount sanctioned by the Government of Maharashtra for Adiwasi students worth of Rs.1,65,100/- (i.e. Rs.160/- per student). These amount was not transferred and deposited as per rules in account of beneficiary students rather it was transferred in the accounts of other person illegally for wrongful gain to applicant and accused no.1 and wrongful loss to Government of Maharashtra. Accordingly, the complaint was filed of cheating and
misappropriation of public fund for the offence punishable under sections 420, 406, 409 r/w. 34 of the Indian Penal Code.
3.Facts of the applicants case is that he is falsely implicated in this case. Applicant/accused is at present serving as a Assistant Teacher of Zillha Parishad Primary School, Somnath Nagar, Harsul, Dist. Nashik. He has never ordered or authorised to look-after the scheme by any of his superior officials. He has not grabbed amount of scheme. Applicant/accused entire service record is clean and there is no criminal antecedents against him.
Nothing has to be recovered from the applicant. Accused no.1 is allowed interim protection by order dated 15.7.2022 and which was confirmed by the Court on 21.9.2022 in Cri.B.A.No.897/22. He is ready to abide any conditions laid down by the Court and will co-operate the Investigating Machinery. Hence, on all grounds he prayed for pre-arrest bail.
4.I have heard Ld. Adv.Gharte for the applicant/accused. This applicant was never assigned job to prepare the scholarship bills of Adiwasi students. He has no nexus with the “Suvarna Mahotsavi Adiwasi Purva Madyamic Shisyavrutti”.
5.I have heard Ld. APP Shri.Kadave, who pithily submitted that the assistant teacher has played important role. This is a misappropriation of public money. The statement of witnesses reveals that he has played important role by illegally transfering the amount to his known person and subsequently withdrawing such amounts. His custodial interrogation is required.
6.Heard both side. FIR reveals that the Government of Maharashtra has introduced a scheme by name and style as a “Suvarna Mahotsavi Adiwasi Purva Madyamic Shisyavrutti”. The amount of Rs.1,65,100/- was transferred and deposited at Block Education Office Account at Tryambakeshwar and it was required to transfer that amount in the name of Bhagwanta Sakharam Bendkoli, Pandharinath Rajaram
Bendkoli, Rajaram Shrawan Bendkoi. It has also come into statement of witnesses that this applicant requested them to withdraw the amount and gave to him. Accordingly, the witnesses has withdrawn the amount by cash and submitted him. Accordingly, complaint received and in inquiry they found after perusal of the record by verifying the RTGS list of beneficiary students and their parents account and found the amount of Rs.1,65,100/- has been misappropriated by this applicant. The statement of Ravindra Lahare reveals main role played by Shri.Parihar Sir (applicant) who was dealing with the said Scholarship Scheme Rules. The statement of Bhagwanta Bendkoli, Dipak Gholap reveals main role played by this applicant only. It is true accused no.1 (Mr.Chandar Bendkoli- Principal) has been granted pre-arrest bail by Ld. Sessions Judge. But, after perusal of case diary, statement of witnesses and all relevant documents I am of the considerable opinion that this applicant has played major role in commission of offence u/s. 420, 406, 409 r/w. 34 of the IPC. It is crystal clear that offence is documentary offence, but considering the role played by the applicant/accused and the amount pertaining to the Government of Maharashtra and to unveil truth his custodial interrogation is required.
ORDER
1) Bail Application below Exh.1 is rejected being devoid of merits.
2) Criminal Bail Application accordingly disposed off.
Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.10.06 17:07:17 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 06.10.2022 Nashik.