1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3728 OF 2009 Anantprasad Dattatraya Babrekar ........ Applicant versus The State of Maharashtra ........Respondent. Mr. Girish Kulkarni i/b. Vaibhav V. Karnik adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. Mr. I.S. Thakur & Shadhha Mohite for intervener CORAM: A. P DESHPANDE, J. DATED : 01st September,2009. P. C.: 1. The present applicant was at the relevant point of time working as Manager of the society by name Vangaon Nagari Sahakari Patasanstha. According to the prosecution he has misappropriated huge amount of the society by committing fraud in more than one ways. Apprehending arrest in connection with Crime No. 24/09 for offence under section 408 IPC registered with Vangaon police station, the present application has been moved for anticipatory bail. 2. In the special audit conducted by the auditor for the year 2006-07 and 2007-08, it was revealed that though the credit co- operative society is shown to have deposited a sum of Rs. 2 16,93,853/- in the bank, fixed deposit receipts only for a sum of Rs. 6,68,436/- were found with the credit society. An amount of Rs. 10,25,421/- has been shown as the amount recoverable from the present applicant in the special auditor’s report. It is also the case of the prosecution that besides the said transaction the applicant had given applications in the name of 29 bogus persons and obtained loan. According to the learned counsel for the complainant society, the applicant has repaid the amount advanced by 29 bogus borrowers together with interest. There are some other amounts which are shown to have been withdrawn by the applicants which are not returned. Having regard to the totality of the facts and circumstances the learned APP has urged that this is not a fit case for grant of anticipatory bail and custodial interrogation is necessary. 3. According to the learned counsel for the applicant, the applicant has been falsely implicated by the directors who are infact responsible for the advance of the loan to the borrowers. According to the learned counsel the manager has no authority to sanction loan and if any one is to be held responsible for the faulty advances of loan, those are the directors of the credit society. 4. Perused the audit report. Primary responsibility in regard to misappropriation of at least sum of Rs. 10,25,421/- has been fasten on the present applicant. In my view this is not a fit case for grant of anticipatory bail. Application is rejected. (A. P. Deshpande, J.)