Cri. Apln. No. 2246/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2246 OF 2011 1. Sow. Asha Dattatraya Bhandare, R/o. Shikshak Colony, Khadakpura, Beed, Tq. & Dist. Beed. 2. Sagar s/o. Suryakant Galam, R/o. Punam Galli, Peth Beed, Tq. & Dist. Beed. 3. Ramesh s/o. Kashinath Mankar, R/o. Shikshak Colony, Khadakpura, Beed, Tq. & Dist. Beed. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. G.K. Naik-Thigle, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 1st July, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 31/2011 registered in Peth Beed Police Station, Beed for offences punishable under sections 420, 465, 467, 468, 471, 34 etc. of IPC. The paper of investigation were made available by APP. Both the sides are heard. 2. The crime is registered on the basis of report given by auditor. He has made allegations against the present applicants, who were working as pigmi agents of Bhagwan Jivheshwar Nagari Sahakari Patsanstha Maryadit, Beed that from 8.7.2004 to 31.3.2009 they created false record Cri. Apln. No. 2246/2011 2 in respect of the amount of Rs. 15.75 lacs and that amount is misappropriated by them. The auditor has made allegations that applicant No. 1 Smt. Asha Bhandare is responsible for misappropriation of amount of Rs. 8.35 lacs, applicant No. 3 Ramesh Mankar is responsible for misappropriation of amount of Rs. 6.9 lacs and applicant No. 2 Sagar Galam is responsible for misappropriation of amount of Rs. 11,397/-. There are allegations that these agents had obtained signatures on blank withdrawal slip of account holders and by joining hands with the Chairman and Secretary of the Society, they were withdrawing more amount than intended. Allegation is also there that when there was no sufficient amount in the account, the withdrawal was done and false record was created. 3. In view of the aforesaid allegations and as the period given is from 8.7.2004 to 31.3.2009, present applicants were asked to deposit atleast 50% of the amount. Applicant No. 2 has deposited entire amount which is shown against him and applicant No. 1 and 3 have deposited 50% of the amount. It appears that the Chairman and the Secretary of the Society are not yet arrested when they are also responsible jointly and severally as alleged by the auditor. 4. The APP submitted that the report of police shows that the addresses of the account holders are not available and police are facing difficulties in making the investigation. For allowing any person to open Cri. Apln. No. 2246/2011 3 account, it is responsibility of the Society to take complete address and to get the form filled in. In any case some conditions can be imposed on the applicants while releasing them on bail in view of the aforesaid circumstances and they can be directed to co-operate the investigating agency during investigation. It is surprising that the Chairman and the Secretary are not yet arrested. If police take action against them, they will be able to get information as every such information is generally matter of record. 5. So the application is allowed. In case of arrest of the applicants in Cr. No. 31/2011 registered in Peth Beed Police Station, Beed for offences punishable under sections 420, 465, 467, 468, 471, 34 etc. of IPC, the applicants are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) by each of them. They are not to tamper with the prosecution evidence. They are to attend the concern police station on every Sunday between 9 am to 12 noon for the period of one month and they are to co-operate with the investigating agency. 6. The aforesaid deposit made by the applicants is without prejudice to their right. [ T. V. NALAWADE, J.] ssc/criapln2246.11