AJIT KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This is an application for grant of anticipatory bail made under section 438 of the Cr. PC. By the applicant in connection with Cr. No. 80/ 2007 registered at PS. Raipuriya District Jhabua for the offence under section 420 of the Indian Penal Code.

(2.) It is alleged by the prosecution that in the year 1995 State Government made. a scheme for irrigation facilities to the agriculturists in village Piplipada. The. scheme is called "Samuhuik Udwahan Sinchai Yojana. Piplipada". According to this scheme, 50% amount was to be paid by the Government and 50% by the concerned agriculturist which was advanced as loan to the agriculturists by the Co-operative Bank. After completion of scheme, the concerned officials had submitted the completion report upto about 12 years there was no complaint. Now the concerned Co-operative Bank issued notices to the agriculturists for repayment of the loan amount which they refused to pay on the ground that they had not got any benefit of the scheme and as there was no fitting of pipe-line and electric motor. According to them, the whole scheme was only on paper and they were not given any benefit of the scheme. The agriculturists made a complaint to the Collector and as per the instructions of the Collector, Deputy Collector Shri P.S. Karma initiated the inquiry and submitted his report. According to his report, the concerned Government officials had not executed the scheme made for the development of 100 agriculturists of village Pipllipada Kundwa and Kodata. The total loan sanctioned to the beneficiaries was to the tune of Rs.30,17,000/-. In the inquiry report it is said that the then Sahavak Vistar Vikas Adhikari Kshetra Raipuriya (Jamli) named Omprakash Vikas Khand Petlawad got completed the cases of grant of loan and Block Development Officer recommended for 50% loan and 50% subsidy. Thereafter, the matter was sent to the Adim Jati Seva Sahakari Sanstha Marvadit, Jhaknawada. The bank sanctioned the amount in favour of the beneficiaries and required material for completion of the scheme was also sanctioned which was purchased from Shri Samta Enterprises, Proprietor Ajit Gadiya, Petlawad, the applicant. This agency was not approved by the Government and was also not a technical agency. The scheme failed, because the work was got done by the said agency. After detailed report, the Dy. Collector Shri P.S. Karma, pointing out the reasons for failure of the scheme, namely (1) The irrigation scheme was not got done by a technical agency, (2) no drawing was prepared for the scheme/project, (3) no agreement was entered into by the concerned Government Department with them firm ,(4) The work commenced and loan sanctioned in rainy season, (5) illiterate and poor tribals were not guided properly from time to time, (6) in the block area regional Assistant Development and Extension Officer had not taken any inspection and also did not monitor the work, (7) Ineligible persons were chosen for giving the benefit of the scheme who were not having any agricultural lands and (8) from time to time instructions issued by the Government according to the scheme/project were not followed. Oh this report, the Collector, Jhabua, sent instruction to the Chief Executive Officer, Janpad Panchayat. against the present applicant and the then Sub- Engineer Shri S.A. Ansari directing for registration of criminal case against them.

(3.) Learned counsel for the applicant has submitted a bunch of documents along with the application. Copies of the same were supplied to the Government Advocate who in turn for verification of these documents to the Station House Officer Police Station Raipuriya District Jhabua and submitted the report. According to this report, all these documents are showing the supply of requisite material, pipes, wire,motor etc. in total about 25 bills and documents which were issued in the months of June and July, 1995 regarding supply of material by Samta Enterprises and all these bills and documents have been certified as genuine by the present Chief Executive Officer, Janpad Panchavat, Petlawad District Jhabua as well as Branch Manager of Zila Sahakari Kendriya Bank Marvadit Jhauba Brack Jhaknawada. All these bills and documents were issued in the name of Samuhik Udwahan Sinchai Yojana. Piplipada. Along with these documents, there are complaints of the then Chowkidar Dhanna, Babusingh and Babulal regarding keeping of electric motor, starter, cable and board with Babu Mehtab Banjara, Mukhiya village Piplipada. There is a complaint made by Babusingh Nayak dated 13.11.97 to the Station House Officer, P.S. Jhaknawada. The electric motor was taken by one Kaniram for irrigation in his field and he did not return the same. The beneficiaries had also lodged a complaint on 23.04.97 in regard to non supply of electricity because of which they were not able to get the benefit of the scheme of irrigation. Dhanna Chowkidar made a complaint that Banjaras of Piplipada were not allowing him to start motor/electric pump for irrigation. When ever in the night there was availability of electricity, he was starting electric irrigation motor, but one of the villagers Babu Mehta and other Banjaras were not allowing him to run the motor by which water was reaching in the well and Mahi River and the beneficiaries were not coming to take the benefit of the scheme,