Bhalji vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.290/2016, Police-Station- Special Police

Establishment, Lokayukta, Indore, District- Indore for commission of the offence under Sections 13(1(D), 13(2) of the Prevention of Corruption

Act,1988 and Under Sections 201, 409, 120 (B) of the IPC.

As per the prosecution story, on 22.9.2016, the complainant-Mr. S.N.Alawa, Additional Programme Officer, Janpad Panchayat, Barwaha lodged a

complaint before the Special Police Establishment Lokayukt, Indore alleging misappropriation of Panchayat fund in respect of the construction work.

As per complaint, from 27.3.2006 to 31.3.2010 the applicant has worked as Sarpanch of Gram Panchayat, Bandikhar, Janpad Panchayat. Barwah,

District Khargone. During this period an amount of Rs.1,63,11,448/- was sanctioned for various construction works out of which Panchayat withdrew

the amount of Rs.1,62,24,249/- but utilized only the the amount of Rs.1,03,17,223/-. Accordingly amount of Rs.59,07,026/-has been misappropriated by

the Sarpanch and the Secretary.

After registration of FIR, the Special Police Establishment has started investigation and filed a final report on 24.3.2021 before the competent court

and issued a notice to the present applicant for appearance. Instead of appearing before the Court, the present applicant filed a bail application under

section 438 Cr.P.C. before the trial court apprehending his arrest. Vide impugned order dated 09.04.2021 the bail application has been rejected, hence

the present application before this Court.

Learned counsel for applicant submits that present applicant was working as Sarpanch and during the said period, entire work was completed. He

submits the entire record had already been submitted to the Janpad panchayat from where it was found missing. The applicant co-operated with the

investigating agency hence was not arrested. During this Corona epidemic if he remain in jail for longer period he may be get affected by Corona,

hence prays for grant of bail in the matter.

Learned counsel for SPE, Lokayukt has opposes the bail application by submitting that offences are serious in nature. In all the seven Gram

Panchayats under the Janpad panchayat the applicant along with co-accused have misappropriated Lacs of Rupees, therefore the applicant is not

entitled for bail.

I have perused the case-diary.

At present the Corona epidemic is on peak. The regular court work is held up and there is a delay of 6 years in lodging the FIR. The allegation of

misappropriation is pertaining to the year 2005-2010. Keeping in view the facts in totality and also looking to the Corona epidemic this Court deems it

fit to grant the benefit of bail to the applicant.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant

is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety of the like

amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present

before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.