{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4209 OF 2009 Yogesh s/o Raman Dube APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.P.V.Khiste, Advocate for applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 14 th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.86/2009 registered with Faizpur police station for an offence punishable u/s 406, 409, 420, 465 of the IPC and section 146 (o) (p) (k) of the Maharashtra Cooperative Societies Act. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. Perused the papers of investigation carried out till today and the documents, registers {2} seized during the inquiry by the Auditor. 3. It appears that the said offence is registered on the complaint of one Dilip Shinde, who has done the audit of Gurudeo Merchant Credit Cooperative Society, of which the present applicant is the Manager. The Chairman and his wife are also arrayed as an accused in this offence. It is alleged that the amount of the depositors, to the tune of Rs.6,58,98,298/-, is disbursed to the wife of the Chairman, without any hypothication or mortgage, under the signatures of the Chairman and present applicant, the Manager. Thus, there is misappropriation of the public funds. 4. It is urged that the applicant is a manager and not responsible for the loan sanctioned to the wife of the Chairman. According to the applicant, he is the person who has opposed the resolution to sanction the loan to the wife of the Chairman, without obtaining any mortgage. 5. The application is opposed by the learned APP. The proceeding books is brought for my perusal. It appears that the name of the Chairman is added after removal of earlier name, mentioned in the said resolution with the eraser and whitener. Earlier remarks, put before this resolution appear to be erased with whitener by substituting that this loan is sanctioned in contravention of the bye laws of the society and without acceptance of any mortgage. In the premise, there appears alteration, {3} modification and interpolation in the record maintained in the said society, at the hands of the present applicant. In the premise, there is prima facie case in respect of misappropriation of public funds, against the applicant. Hence, custodial interrogation of the applicant is necessary. No case is made out to release the applicant on anticipatory bail by exercising discretion u/s 438 of the Cr.P.C. 6. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/criapln4209-09