1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4557 OF 2009 1. Hiraman S/o.Bhausaheb Kale, Age-47 years, Occu-Agri. & Service, 2. Laxman S/o.Bhimraj Kale, Age-40 years, Occu-Agriculturist, 3. Mohan S/o.Maruti Kale, Age-66 years, Occu-Agriculturist, 4. Zumbar S/o.Shankar Kale, Age-52 years, Occu-Agriculturist, All R/o.Dasmigavhan, Tq.Nagar, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra, Through Police Station, Nagar Taluka Police Station, Ahmednagar RESPONDENT Mr.V.P.Latange, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 08/01/2010 PER COURT : 1. By the present application, the applicants have approached 2 this Court for anticipatory bail in the event of their arrest in connection with CR No.54/2009, registered in Nagar Taluka Police Station for an offence punishable u/s. 3 and 7 of The Essential Commodities Act. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State. Also perused the FIR which is annexed alongwith the application. 3. Considering the submissions across the bar, it appears that that this offence came to be registered on the complaint of one Dattatraya Nana Salunkhe who was working as Supply Inspector, Nagar Taluka. The allegations in un-numbered para and the contents therein speaks about the irregularities committed by the person having day to day control over the activities of this Vividh Karyakari Seva Society, Dashmigavhan. At the end of this complaint, it is stated that 2 salesman whose names were given, were having control over these day to day activities during the period 2002 to 2007. The applicants before this Court are 4 ex-chairmen of the societies. Applicant no.1 was Chairman during the period 01/02/1998 to 22/06/2003, applicant no.2 was the Chairman during the period 23/06/2003 to 09/09/2005, applicant no.3 was the Chairman during the period 10/09/2005 to 22/03/2007 and the last applicant was the Chairman during the period 23/03/2007 to 08/09/2009. On perusal of the facts of accusation in the complaint, there is no specific accusation against these applicants as during 3 this period, they are having day to day control over the activities as required u/s. 24 of The Essential Commodities Act. 4. In the premise, case is made out to exercise the discretion u/s. 438 of Cr.P.C. Hence order : O R D E R 1. Application is allowed. 2. In case of arrest of applicant in connection with CR No. 54/2009 in Nagar Taluka Police Station, they be released on bail on furnishing surety in the sum of Rs.10,000/- each and on executing PR bond in the like amount. 3. The applicant to attend the Nagar Taluka Police Station for interrogation, if required, and asked to attend the police station on written requisition by the concerned Investigation Officer. 4. Application stands disposed of accordingly (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4557-09