IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 370/2008 [Dagaduji Baba Borkut vs. State of Maharashtra] --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 22 nd FEBRUARY, 2008. Heard Shri K.S.Narwade, Advocate, for the applicant and Shri Kothari, A.P.P. for respondent State. Interim order was passed on 30.1.2008. It is the contention of the learned counsel for the applicant that in view of Para 5 of the application that the applicant has no concern with the affairs of the society from 4.5.2006. Further according to him, the allegations of defalcation of the amount of Rs. 55,000/- in respect of the account of one Sangita is not correct inasmuch as the amount of Rs. 80,000/- was received and the counterfoil bears the signature of the said Sangita for payment of Rs. 80,000/-. I had specifically asked the learned A.P.P. as to whether the statement of Sangita is recorded. It appears that the statement of said Sangita has not yet been recorded, which is quite shocking. In these circumstances, there is no ground to refuse the anticipatory bail to the applicant. More so, because he appears to be suffering from Acute Coronary Syndrome. Hence, in the event of arrest of the applicant for the offence punishable u/s 408, 420, 468, 477(c) r/w Section 34 of the I.P.C. in crime No. 1/2008 of Police Station Pusad, he be released on bail on furnishing surety and P.R.Bond of Rs. 20,000/- subject to conditions that he shall report P.S. Pusad City as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. JUDGE Rvjalit