SHEELA DINKAR PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has apprehension of her arrest. Hence she is seeking anticipatory bail under sec. 438 of the Code of Criminal Procedure for the offences registered under Sec. 408, 409, 420 r/w Sec. 34 of the Indian Penal Code.

(2.) Heard learned counsel for the applicant and learned APP for the State.

(3.) The applicant was the Village Sarpanch from 2015-2016 to 2018-2019 of Village Nipani Wadgaon, Taluka Shrirampur. The auditor did an audit of the accounts of the village panchayat. The auditor found that an amount of Rs.26,48,115.00 was misappropriated by the present applicant and the then Gramsevak. The Assistant Accounts Officer, Legal Fund, Audit Department, Ahmednagar, placed a special report to the Chief Executive Officer, Zilla Parishad, Ahmednagar, pointing out the misappropriation under different heads. Thereafter, the Chief Executive Officer issued the show cause notice under Sec. 140 (5) of the Maharashtra Village Panchayat Act to the applicant on various dates and 30/6/2022. He held the present applicant responsible for misappropriating Rs.10,40,185.00. The final notice dtd. 23/6/2022 was served upon the applicant calling upon her to deposit the misappropriated money. In response, she denied the audit report and her responsibility. She deposited Rs.1,91,191.00 under protest. However, she did not challenge the order of the Chief Executive Officer directing her to pay the above amount before the District Court to modify or set it aside as provided under Sec. 140 (6) of the Maharashtra Village Panchayat Act. Thereafter, the Block Development Officer, Panchayat Samiti, Shrirampur, lodged the F.I.R. against her. Police Station Shrirampur has registered the crime for the above offences.