1 Cri.A.5134.11+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5134 OF 2011 1. Uttamrao Dagadu Chemte 2. Lahu S/o Sayaji Ghangale, Both R/o Shriram Chowk, Vasant Tekdi, Pipeline Road, Savedi Ahmednagar, District Ahmednagar. ...APPLICANTS. VERSUS The State of Maharashtra and another ...RESPONDENTS. ... Shri.V.D.Hon, advocate holding for Shri C.A.Jadhav,Advocate for Applicants. Shri.K.S.Patil, A.P.P. for Respondent-State. ... WITH CRIMINAL APPLICATION NO. 5208 OF 2011 Hasan S/o Amir Raje, R/o Parner, Tq. Parner, District Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, and another. ...RESPONDENTS. ... Smt.Sadhana S.Jadhav,Advocate holding for Shri.Satej S.Jadhav, Advocate for applicant. Shri.B.J.Sonwane, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 14.12.2011. 2 Cri.A.5134.11+1 PER COURT : 1. Heard learned counsel for both the sides. 2. The applicants apprehend arrest in Crime NO. I - 171 of 2011 registered at Parner Police Station, District Ahmednagar, for the offence punishable under sections 177, 417, 420, 465, 468, 471, 120-B of the Indian Penal Code and and Maharashtra Depositors Protection Act, 1999. 3. It was alleged by the State that applicants have indulged in various illegalities in the functioning of Sampada Co-operative Credit Society. On that count Crime NO. 266 of 2011 was registered with Kotwali Police Station Ahmedngar. In regard to the said crime both the applicants since have been granted anticipatory bail. 4. A new complaint came to be lodged by very Chartered Accountant, who had conducted the job on earlier occasion and at least five incidents are quoted,which according to him, indicate that 3 Cri.A.5134.11+1 moneys were embezzled by various persons and present applicants are responsible for the same. 5. Learned Advocate Mr.Hon for the applicants in the first place submitted that both applicants have resigned in the year 2009, therefore, they have no concerned with events, which may have taken place after 2009. 6. Mr. Patil, learned APP appearing on behalf of State could not dispute the proposition about the resignation submitted by both the applicants. Thus, in my view it is very important factor in favour of the applicants. Perusal of various points, which are pressed in the complaint clearly indicate that this is not a case, where custodial interrogation of the present applicants is necessary for further investigation. In my view, the applicants can be granted anticipatory bail with terms of attendance. 7. Now, I turn to the Criminal Application NO. 4 Cri.A.5134.11+1 5208 of 2011. The applicant in this application was director of the said Co-operative Credit Society, who has resigned on 3rd February 2009, which came to be accepted on 16.02.2009. There is no dispute about this fact of the resignation. If this be so, this applicant also can be granted anticipatory bail. Hence, following order is passed to dispose of these two anticipatory bail applications. (i) In the event of arrest of any of the applicant named in both applications, in Crime No. I -171 of 2011, registered at Parner Police Station, District Ahmednagar, the said applicant be released on bail in the sum of Rs. 20,000/-(Rupees Twenty Thousand) with one surety in the like amount. Said applicant shall execute P.R. bond of sum of Rs.20,000/-(Rupees Twenty Thousand). 5 Cri.A.5134.11+1 (ii) All the applicants shall report to the concerned Police Station firstly on 20.12.2011 in between 11.00 a.m. to 4.00 p.m thereafter as and when called for. Sd/- [ R.Y.GANOO, J. ] MTK