HC grants bail to ex-MLA Sananda

Source: The Hitavada      Date: 04 Mar 2016 14:55:48

NAGPUR bench of Bombay High Court on Thursday granted bail to Dilip Sananda , former Khamgaon MLA,  arrested by Buldana police in connection with alleged financial misappropriation in construction of Administrative building of Khamgaon Municipal Council.

Justice ZAHaq after a detailed hearing directed police authorities to release Sananda on bail and found no reason to put him behind bars since documentary evidence sought to be collected was available with Municipal Council and other statutory authorities.

The High Court also directed Sananda to deposit his passport with Investigating Officer within three days and furnish a surety of Rs 25,000. Sananda was arrested on January 31 and after his police custody remand was over he was granted magisterial custody. Currently he was admitted in super speciality hospital for angiography.

According to noncomplainants, the matter ought to have been placed before Justice Arun Chaudhari who had rejected his earlier application seeking anticipatory bail. The prosecution submitted the contention.

After discussing the law on point, Justice ZAHaq, turned down the objection stating that application under section 439 of the Cr PC will be placed before the bench which has roster assignment. It may be recalled that Nagpur bench of Bombay High Court in December 2015 had rejected the anticipatory bail granted to Sananda and his associate Anil Navander and directed former legislator to surrender within two days.

He was booked under sections 403, 406, 408, 409, 417, 418, 465, 466, 468 read with Section34oftheIndian Penal Code. Senior Counsel Sunil Manohar appearing for Sananda stated that Town Planning Department had invited bids for appointment of architect for construction of Khamgaon Municipal Council building in 2007.

The tender process was completed in 2011 while the complaint by councillor Sandip Verma was in 2014 and there wasno explanation for this in ordinate delay.Thear rest is fallout of a complaint lodged by Sandip Verma against Sananda and Navander. Sananda was not even member of tender committee, it was stated,.

Last time, Justice Arun Chaudhari while hearing anticipatory bail application moved by Sananda and Anil Navander, had rejected their contention that the case was politically motivated.

Complainant Verma had filed report about alleged financial bungling in construction of Administrative building of Khamgaon Municipal Council by Sananda, Navander and others with concerned police station, however for want of substance no offence was registered andhe filed a private complaint before the JMFC.

Before passing any order under Section 156(3) of Criminal Procedure Code, the JMFC court directed complainant to produce witnesses, and this order was challenged by complainant Sandip before the Sessions Court which directed registration of FIR and accordingly, offence came to be registered.

Senior Counsel Sunil Manohar, Adv J B Gandhi and Rajendra Daga appeared for the applicant. Senior Counsel Anand Jaiswal and APP NB Jawade represented the prosecution. Adv Sangram Sirpurkar held the brief for original complainant.