APPLN/4674/2008 of SHIVAJI UTTARESHWAR TALEKAR Vs THE STATE OF MAHARASHTRA on 31 December 2008

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 4674 OF 2008

Shivaji Uttareshwar Talekar.....Applicant V/s.The State of Maharashtra ....RespondentsW I T H

CRIMINAL APPLICATION NO. 4675 OF 2008

Mahadev N.Deokar V/s.The State of Maharashtra

.....Applicant....Respondents

CRIMINAL APPLICATION NO. 4676 OF 2008

Arjun M. Salunkhe V/s.The State of Maharashtra

.....Applicant....Respondents

W I T H

CRIMINAL APPLICATION NO. 4677 OF 2008

Audumbar N.Ghadge

.....Applicant

V/s.The State of Maharashtra

....Respondents

Mr.Vinay Dalvi i/by. Samir A.Vaidya, Adv.for applicants.Mr.J.P.Yagnik, APP for State.

CORAM: SMT.R.P.SONDURBALDOTA, J.

(VACATION JUDGE)

DATED: 31ST DECEMBER, 2008.

P.C. :

1. This is a common order on the above four applicationsfor bail.

2. The applicant in Criminal Application No.4674 of 2008who is the Secretary of an Institution by name Model Actionfor Rural Change, Kem is accused no.1, the applicant inCriminal Application No. 4676 of 2008 who is the sub-contractor is accused no.2. The applicant in Criminalapplication No. 4677 of 2008 the Sarpanch of Village-Shirgaon,Pandharpur is accused no. 3 and the applicant in CriminalApplication No. 4675 of 2008 a tempo driver is accused no.4 inthe F.I.R. No. 255 of 2008 registered on 26[th] September, 2008with Pandharpur Taluka police station.

3. Accused no.1 was alloted work of constructing cementnalla bund under the village employment Scheme in village-Shirgaon. Accused no.2 who is the sub-contractor was assigned the work by accused no.1. Under the scheme, the laborersemployed by accused no.1 and 2 were to be paid wages partly inmoney and partly in the form of food-grains as per theSampurna Gramin Rojgar Yogna Scheme launched by the StateGovernment. The prosecutions' case is that accused no.1 and2 purchased foodgrains to be paid to the workers from theshop of accused no.3, and instead of distributing to thelabourers diverted the same to open market for making privategain. The tempo driven by accused no.4 carrying thefoodgrains weighing 100 qunitals was intercepted by the policeon 23[rd] September, 2008 at about 5.30 hrs. Since it was partof the wages to be paid to the laborers and was beingtransported by illegal means to another village for being soldin open market, crime was registered against the four accusedunder the F.I.R. No.255 of 2008 on 26[th] September, 2008. Allthe four accused were arrested on the same day and have sincebeen in custody. Considering the fact that they have been incustody for a sufficiently long period and the fact that thepolice do not need to interrogate them any further, in theopinion of this court, they can be released on bail. Thelearned A.P.P. requests that accused nos.1 and 2 be directedto attend to the police station to assist the police inidentifying the laborers to whom the wheat is now required to

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be distributed. Hence, the order.