Subscribe our updates
on tax/law: Click
Here
Citation of the Case: Pralhad @ Pratap s/o Tanbaji Pawar vs. State of
Maharashtra (Mumbai High Court), Criminal Application (ABA) No. 642 /2015, Date of Judgment: 27/01/2016
Anticipatory bail rejected on possible embezzlement, HC
strictly noted misuse of tax payer’s money & requested to eradication of
corruption
Brief of the Case
Mumbai
High Court held In the case of Pralhad @ Pratap s/o Tanbaji Pawar vs. State of
Maharashtra that there has been a report also in the recent point of time that
there are some more Corporations of the State of Maharashtra who have indulged
into huge misappropriation of the taxpayers’ money in the alike fashion.
Therefore, this Court expects the Director General of Police, MS, Mumbai and
rather requests him to take up such cases and find out the veracity of such a
claim made in newspapers, and if there is substance, to immediately proceed to
take action in all such cases as the taxpayers are in deep anguish. Let the
Government as well as mandarins in the corridors of power understand the
excruciating pain and anguish of the tax payers, who have been suffering for
over two decades in the State of Maharashtra. There is a onerous responsibility
on those who govern to prove to the taxpayers that eradication of corruption
would not prove for them a “forlorn hope”. Based on above, in the case in hand,
the possible embezzlement of a huge sum of Rs. 24 crores from the office of the
applicant, it will be wholly improper to grant anticipatory bail to the
applicant. Hence application rejected.
Facts of the Case
The State Government established
‘Lokshahir Annabhau Sathe Vikas Mahamandal’ for upliftment of “Matang”
community, which falls in Scheduled Caste in the State of Maharashtra. The
chairman of this corporation who was a political appointee, in connivance with
the managing director of the Mahamandal and with the help of bank officer of
Bank of Maharashtra withdrew crores of rupees by showing fake expenditure, disbursement
of loan of subsidy, grant etc. and misappropriated the same for personal
benefits. As per the reply submitted by the state, the total amount under
misappropriation and embezzlement is approx. Rs. 385 crores.
The allegation on applicant is
that amount of Rs. 28 crores were transferred to the accounts’ which were
separately opened by the applicant in the Bank of Maharashtra, Main Branch,
Bhandara. Also, the applicant transferred an account which was non-operated in
the branch of Ganeshpur Bank of Maharashtra to the main branch of Bank of
Maharashtra Bhandara. The amount of Rs. 28 crores which was transferred to the
aforesaid two accounts an amount of Rs. 24,69,48,000/ were withdrawn by self
cheques by the applicant.
The Investigating officer had specifically
asked him as to how and in which manner he has utilized the amount of
Rs.24,69,48,000/ withdrawn by him to which the answer given was that he has
distributed the said amount to the 3100 beneficiaries/members of the society,
but when he was asked to give names of the beneficiaries/members the applicant
failed to give the names and also had no documents regarding distribution of
the amount to the said beneficiaries/ members of the society. He failed to
submit the names as well as documents to that effect. The answers given by the
applicant were not satisfactory nor was it of any help in further investigation
to the Investigating officer.
In Crime No. 160/2015 registered
at Police Station, Bhandara, for offence punishable under Sections 408, 409, 34
of the Indian Penal Code, the applicant is seeking grant of anticipatory bail.
Held by High Court
High Court held that reply dated
16.12.2015 filed on behalf of the State shows misappropriation and embezzlement
of amount to the tune of approximately Rs. 385 crores, which is stymieing. It
shocks one and all as to the manner in which the taxpayers’ money is being
swindled, misappropriated and robbed by such unscrupulous holders of posts. The
money was meant for upliftment of the ‘Matang’ community and instead of that,
the political appointee, the Chairman Ramesh Kadam, in league with the Managing
Director and the Bank Officers of the Bank of Maharashtra, looted the tax
payers’ money. How this huge amount of Rs. 385 crores will come back is a
‘million dollar question’.
Does the taxpayer pay the money to the Government for
such kind of acrobatics being played?
The high court stated that for the last over two decades,
this has become the order of the day and sordid state of affairs; whereas the
taxpayers’ are merely looking at this grim situation. Ethics and morals have
taken a back seat in modern India’s scheme of things. In my considered opinion,
corruption can be beaten if all work together. To eradicate the cancer of
corruption the “hydraheaded monster”, it is now a high time for the citizens to
come together to tell their Governments that they have had enough. That is this
miasma of corruption. If the same continues, taxpayers’ may resort to refuse to
pay taxes by ‘noncooperation movement’.
Further there has been a report
in the recent point of time that there are some more Corporations of the State
of Maharashtra who have indulged into huge misappropriation of the taxpayers’
money in the alike fashion. Therefore, this Court expects the Director General
of Police, MS, Mumbai and rather requests him to take up such cases and find
out the veracity of such a claim made in newspapers, and if there is substance,
to immediately proceed to take action in all such cases as the taxpayers are in
deep anguish. Let the Government as well as mandarins in the corridors of power
understand the excruciating pain and anguish of the tax payers, who have been
suffering for over two decades in the State of Maharashtra. There is a onerous
responsibility on those who govern to prove to the taxpayers that eradication
of corruption would not prove for them a “forlorn hope”.
Based on above facts, in the case
in hand, the possible embezzlement of a huge sum of Rs. 24 crores from the
office of the applicant, it will be wholly improper to grant anticipatory bail
to the applicant. Hence application rejected.
Accordingly
appeal of the applicant rejected.
I am hoping to check out the same high-grade content by you later on as well. In truth, your creative writing abilities has inspired me to get my own, personal blog now..
ReplyDeleteLegal Management Software
Legal Case Management Software
Legal Management Software Dubai
Legal Practice Management Software
Law Firm Software
Law Firm Management Software