Pyarelal vs State of C.G.

Hon''ble Shri Prashant Kumar Mishra, J.—Heard. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 148/2010 registered in Police Station-Saragaon, District - Janjgir-Champa (C.G.) for offence punishable u/s 409/34 of I.P.C.

The applicant is Panchayat Secretary of Gram Panchayat, Afarid and the co-accused Lakheshwari aged 30 years is the Sarpanch of the said Gram Panchayat. It is alleged by the prosecution that on receipt of complaint of embezzlement of Government funds the matter was enquired by the Divisional Officer (Revenue), Champa. In the report submitted by S.D.O. it was found that out of the total withdrawal of Rs. 14.65 Lacs approximately, an amount of Rs. 9.12 Lacs approximately has been accounted for, however, remaining amount of Rs. 5,53,000/- approximately has not been accounted for. In the bail rejection order it is mentioned that after withdrawal of the amount this embezzled amount of Rs. 5,53,000/- has been deposited in the personal account of the Sarpanch.

Learned counsel for the applicant has submitted that the co-accused has been released on bail and the present applicant is in jail since last 2 1/2 months.

Learned State counsel has opposed the prayer for grant of bail.

In the order passed by the learned District Judge while granting bail to co-accused Lakheshwari it has been mentioned that the Collector by its dated 11/10/2010 referred the matter to the S.D.O. for enquiry and in the report dated 20/11/2010 submitted by the S.D.O. both the accused persons have been found guilty. It has been observed that both the accused are blaming each other for the fraud. Considering the fact that the co-accused in whose personal account the amount was deposited has already been released on bail and the present applicant is in jail since last 2 1/2 months and the offences are triable by Judicial Magistrate First Class, this Court is inclined to release the applicant on bail. It is directed that on appellant''s furnishing personal bond for a sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of concerned trial Court, the applicant shall be released on bail pending trial and he is directed to appear before the said Court on each and every date given to him in that behalf.