1 8.apln3183-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3183 OF 2010 Shri Ganesh Dagdu Sawant. .. Applicant. Vs. The State of Maharashtra .. Respondent. .... Mr.Balkrishna D. Joshi, Advocate for the applicant. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 19TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application preferred by the applicant for his release on bail in the event of his arrest by EOW, Thane in the matter of offence punishable under Sections 406, 408, 409, 420, 477A of Indian Penal Code. 2. Allegedly, there were mis­managements and also malpractices so far as giving of the loan without obtaining 2 8.apln3183-10 proper security documents, expenditure of amounts without obtaining any bills/vouchers, concerning the working of one co­operative credit society. The FIR is filed by the Government Auditor after ascertaining such malpractices. 3. FIR is filed in December, 2007 and reportedly the investigation is still continuing. The total defalcated amount is to Rs.1.34 crores and odd. However, the same cannot be entirely attributed to the alleged acts of the present applicant, in as much as the effective period for such malpractices is from 1st April, 2005 till 31st March, 2007 and reportedly the present applicant resigned from the post of Directorship as on 25.2.2006. As such, for about 10 months the applicant was having the control of the said co­operative credit society being one of the Directors/office bearers. 4. Admittedly there are no specific allegations in the FIR and also nothing is brought to the notice of this Court during the investigation also, as to present applicant himself availed any loan without compliance of the usual procedure. Another 3 8.apln3183-10 Director of the same co­operative credit society, who is apparently placed at par with the position of the present applicant, has been granted anticipatory bail by this Court vide order dated 6.7.2010. As such, on parity, such discretionary relief can also be granted to the present applicant with certain directions. Hence, the order :­ :: O R D E R :: [i] Criminal Application No.3183 of 2010 for anticipatory bail is granted and accordingly disposed of. [ii] In the event of arrest of the applicant ­ Shri Ganesh Dagdu Sawant in C.R. No.I­288 of 2007 of Dombivali police station/EOW, Thane, he shall be released on bail on his executing a P.R. bond in the sum of Rs.20,000/­ (Rs.Twenty Thousand Only) with one surety for the like amount. [iii] In the event of arrest and availing the bail as above, the applicant shall attend the office of the EOW, 4 8.apln3183-10 Thane on every Monday and Friday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. The applicant shall also cooperate with the investigating agency. [iv] The trial Court shall not be influenced by any observations made in the present order so far as the merits of the case are concerned. (A.R.JOSHI,J.) ppd