1 ABA 418-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.418 OF 2011 Pramod Bapus Patil ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Kedar J. Patil, Advocate, for the Applicant Mrs.Geeta P. Mulekar, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 6TH MAY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for anticipatory bail by Manager of Islampur branch of Ashtavinayak Bigar Sheti Gramin Sahakari Patsanstha Limited, village Bavachi, Talluka Walva, District Sangli, who apprehends arrest in connection with C.R.No.38 of 2011 for the offence punishable under Sections 406, 408, 409, 420, 467 read with Section 34 of the 2 ABA 418-2011 Indian Penal Code registered with Ashta Police Station, District Sangli. The audit of the Society revealed that there was misappropriation to the tune of Rs.1,48,62, 072/-. The learned Counsel for the applicant states that the applicant was only a Manager of a branch office of the Society and has not misappropriated the amount. All the same, according to him, his liability may come to Rs.3,36,000/- which in order to show his bona fides, he would deposit within a period of two weeks with the Sessions Court at Islampur. The applicant would file an Affidavit in course of day outlining as to how the amount attributed to him comes to Rs.3,36,000/- and also would be stating in the Affidavit that he would deposit this amount. The learned APP states that in fact, this misappropriation needs to be investigated, & therefore, the applicant's custodial interrogation is necessary. 3 ABA 418-2011 3. Considering the nature of allegations made and the fact that the applicant is ready to deposit a sum of Rs.3,36,000/-, applicant's being subjected to custodial interrogation may not be necessary. Applicant's complicity could be found out by reference to record which the investigating officer could seize. 4. In view of this, application is allowed. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the following conditions. (i) The applicant shall report at the Ashta Police Station, District Sangli for interrogation on 12th May, 2011 at 11.00 a.m. and thereafter, every day for a period of the next two weeks and thereafter as and when required by the investigating officer. He shall not leave the jurisdiction without the consent of the concerned Court. The applicant shall deposit a sum of Rs.3,36,000/- within a period of two weeks with the Sessions Court at Ichalkaranji which the learned Sessions Judge shall invest in interest earning deposit in a Nationalized Bank and deal with it at the end of the trial as per the result of the trial. If the amount is not so deposited, the order shall stand revoked. 4 ABA 418-2011 (ii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iii) The applicant shall not leave India without the previous permission of the Court. 5. Criminal Application is disposed of. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.)