Raghuvendra Singh Rathore, J. - (1.) HEARD learned counsel for the petitioner as well as the learned Public Prosecutor. This bail application under Section 439 Cr.P.C. has been filed against the order dated 27.07.2010 passed by learned Additional Sessions Judge, Beawar, District Ajmer, arising out of FIR No. 33/10 registered at Police Station Todgarh, District Ajmer for the offences under Section 420, 467, 468 and 409 IPC.
(2.) THE instant criminal case had been initiated on a report lodged by Vikas Adhikari, Panchayat Samiti, Javaja, District Ajmer on 16.04.2010 to the SHO, Police Station Todgarh, District Ajmer. It has been mentioned in the report that the State Government had on 10.02.2010 ordered for an enquiry in respect of the works done in MNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) by Gram panchayat Malati -ki -Ber, panchayat Samiti, Javaja. Further, it is stated in the report that for the said purpose the State Government had constituted a Special Enquiry Team of which Mahendra Singh Bhukar, Joint Director was the head. The Said Enquiry Team looked into the account from 03.03.2010 to 08.03.2010 and also physically verified the works done. According to the report, in respect of 28 works done of which copy was annexed, higher valuation had been done in the measurement books and in this embezzlement persons namely; Ganpat Singh Malawat, Sarpanch, Badgaram Prajapat, Junior Engineer/Senior Technical Assistant, Manish Mittal, Junior Technical Engineer and Lal Chand Yogi, Gram Sewak cum Secretary, Malato -Ki -Ber, were involved. Thereafter, the investigation commenced and chargesheet came to be filed on 23.09.2010, against all the aforesaid persons holding that on the basis of evidence collected during the investigation and the record of the Panchayat Samiti, the alleged offences are Prima facie established. The petitioner was arrested on 29.06.2010. It has also been informed that part of the embezzled amount i.e. Rs. 1,20,000/ - had been recovered from the residence of the petitioner by Anti Corruption Bureau on 05.06.2010. It is to be noted that in respect of the other accused - persons, it has been mentioned in the charge -sheet that efforts for their arrest is being made. It has been submitted by the counsel for the petitioner that the Chief Executive Officer, Zila Parishad, Ajmer vide order dated 24.06.2009 had posted the petitioner as Assistant Engineer at Panchayat Samiti, Javaja and he worked till 28.10.2009. Further, he has submitted that the Investigating Agency, in the Charge -sheet filed before the Court concerned, had noted in respect of the other co -accused that the embezzled amount was to be recovered; their arrest is to be made and the investigation had been kept pending under Section 173(8) Cr.P.C. He has also referred to the enquiry report submitted by the special enquiry team constituted by the State Government contending that it was the other accused -persons like Sarpanch, who were to supervise the NAREGA work and they are responsible for embezzlement, if any. The learned counsel for the petitioner has also submitted that Additional District Coordinator -cum -Chief Executive Officer, Ajmer had issued and order on 01.10.2010 whereby the recovery of the amount is to be made from co -accused Ganpat Singh, Lalchand Yogi and Manish Mittal. He has also referred to a writ petition (13278/10) filed by the present petitioner alongwith his wife challenging the recovery notice dated 15.04.2010 and the attachment notice dated 09.08.2010 wherein the order of 15.04.2010 has been stayed by the High Court.
(3.) ON the other hand, learned Public Prosecutor has opposed the bail application and submitted that apart from the fact that part of the embezzled amount had been recovered from the petitioner, the measurement books had been duly signed by him and there is other evidence on record to show his involvement in commission of the crime.;