- (1.) HEARD learned counsel for petitioners as well as learned Public Prosecutor and perused material made available to me during course of arguments.
(2.) THESE two bail applications have been filed by petitioners, namely, (1) Pushpa Manawat, who was at relevant time working as Programme Officer, Panchayat Samiti ? Javaja, and (2) Naresh Kumar Badwan, who was at relevant time working as Block Development Officer in the said Panchayat Samiti. Learned counsel argued that petitioner Pushpa Manawat was appointed only to work as Programme Officer and that too on contract basis; as per report of special enquiry conducted by Shri Mahendra Singh Bhukar, Joint Director, Directorate of Social Audit, Jaipur, the responsibility of maintaining measurement-book with reference to actual measurement on the ground and making payment of works executed, was that of (1) Ganpat Singh Malawat, Sarpanch of Gram Panchayat, (2) Bagdaram Prajapat, Junior Engineer/Senior Technical Assistant, (3) Manish Mittal, Junior Technical Assistant and (4) Lal Chandra Yogi, Gram Sewak-cum-Secretary, Gram Panchayat Malaton-Ki-Bair. Learned counsel in this connection referred to the statement of Shri Mahendra Singh Bhukar recorded under Section 161 Cr.P.C. during investigation. Allegation against both petitioners is that they countersigned completion certificate for such work executed. So far as petitioner Pushpa Manwat is concerned, her duty was to forward completion certificate to Zila Parishad and it was no part of duty of petitioner Naresh Kumar Badwan, the Block Development Officer, to make the counter-signature on completion certificate, which, in any case, was required to be sent to Executive Engineer in Zila Parishad. Learned counsel for petitioners contended that it is not even case of prosecution that making signature by petitioners in any manner facilitated payment of sub standard or partly executed work to the concerned contractors, the executing agency, as per report of the special enquiry team as also the statement of Shri Mahendra Singh Bhukar, of these development works in the MNREGA is Gram Panchayat concerned and according to the special enquiry report/statement, Sarpanch and Gram Sevak are responsible for payment of cash and maintenance of cash-book and Junior Technical Assistant/Junior Engineer is required to take actual measurement of work under supervision of the Assistant Engineer concerned. Learned counsel argued that in the charge-sheet filed on 23.09.2010 the Investigating Officer has also found these four persons, namely, Bagda Ram, Lal Chand Yogi, Manish Mittal and Ganpat Singh Malawat, responsible for committing offence under Sections 420, 467, 468 and 409 IPC. The maximum that can be said for the petitioners is that if they had been vigilant enough, probably the recovery proceedings would have been started much earlier. Recovery has been ordered by the government from those four persons and not from present petitioners because they are not in any manner responsible for payment. The petitioners were arrested on 20.11.2010 and since then they are in jail. Challan has been filed. Petitioner Pushpa Manawat has a child of one-and-a-half-year old, who is also with her in jail and therefore she is also entitled to benefit of provisions of Section 437 of Cr.P.C., being a woman. These bail applications earlier came up on the board for hearing on 09.03.2011 and it was informed to the court that Ganpat Singh, Sarpanch of Gram Panchayat, has not so far been arrested. On that date it was observed that despite serious observations made by this court in order dated 19.10.2010 while rejecting bail application filed by co-accused Bagdaram, the police has not been able to arrest Ganpat Singh, Sarpanch of Gram Panchayat, who has been shown to be the principal accused, and the court directed the Superintendent of Police, Ajmer, to ensure arrest of said accused. It is informed that Sarpanch Ganpat Singh has since not been arrested. In the present matter the court on subsequent dates required the Investigating Officer to appear for explaining the role of present petitioners. Shri Ramchandra, Investigating Officer, is present in the court. Learned Public Prosecutor assisted by the Investigating Officer, opposed the bail application but they are not in a position to dispute that the signatures were made by present petitioners on the completion report after payment of the works was made, which are alleged to be substantiated/not fully executed/not executed.
(3.) HAVING regard to these facts and considering totality of the circumstances and the fact that the petitioners have already remained behind the bar for more than four months, I am inclined to enlarge them on bail. It is therefore ordered that accused-petitioners, namely, (1) Pushpa Manawat Wife of Shri Shankarlal Balai, Resident of 62, Patel Nagar, Shastri Nagar, Jaipur, (presently confined in Central Jail, Ajmer) and (2) Naresh Kumar Badwan Son of Shri Sumera Ram Bairwa, Resident of Panchwati Colony, Ajmer (presently confined in Sub-Jail, Beawar, District Ajmer), be released on bail under Section 439 Cr.P.C., in FIR No.33/2010, registered at Police Station Todgarh, Ajmer, for offence under Sections 420, 467, 468 and 409 IPC, provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each, to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. Both bail applications accordingly stand disposed of.;