1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5390 of 2009 Mrs.Usha Sambhaji Patil ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Niteen V. Pradhan with Ms.S.D. Khot & Ameeta Kuttikrishnan for the applicant. Mr.S.A. Shaikh APP for the State. CORAM : D.G. KARNIK, J. DATED : 3rd March 2010 P.C. 1. Heard. 2. By this application, applicant seeks pre-arrest bail in connection with C.R.No. 170 of 2008 registered at Dattawadi Police Station, Pune for an offence punishable u/s.420, 406 r/w section 34 of the IPC. 2 3. The applicant is a member of the managing committee (Director) of Bhartiya Sahakari Patsanstha, Lotus Court, Pune (hereinafter referred to as “the Society”). In the audit of the society, the auditor discovered several irregularities in the management of the society. Accordingly, a FIR was lodged alleging wherein it was alleged that the Directors had mismanaged the affairs of the society and had caused a loss to the depositors of the society to the extent of Rs.3.53 crores. 4. Four out of six Directors were arrested and have been granted bail. Applicant has not been arrested and is seeking pre-arrest bail. By an interim order dated 2nd December 2009, this Court (Coram V.M. Kanade, J) granted interim protection to the applicant and directed her to file an affidavit disclosing her properties. The applicant has accordingly filed affidavit of her properties. Applicant also offered to mortgage her properties in favour of the administrator of the society. In view thereof, interim bail was continued by this court vide order dated 16th December 2009. Today when the matter came up for hearing, learned counsel for the applicant submitted that the applicant has already executed a mortgage of her properties in favour of the administrator of the society. He tendered a copy of the registered mortgage deed along with a copy of the receipt of registration. 3 5. In view of the fact and applicant has already mortgaged her properties and also the fact that other four members of the managing committee have been granted bail in my view, applicant can be granted conditional pre-arrest bail. Hence, I pass the following order:- O R D E R In the event applicant is arrested in connection with C.R.No. 170 of 2008, she shall be released on bail on her executing P.R. Bond of Rs. 10,000/- with one surety of the like amount subject to a condition that applicant shall co-operate with the investigation, shall attend the concerned police station for interrogation on 5th and 6th March 2010 between 11.00 a.m and 5.00 p.m and thereafter as and when specifically summoned by the police. Applicant shall also inform to the concerned police station her residential telephone number as well as mobile telephone number and any change thereof within 48 hours of the change. (D.G. KARNIK,J.)