1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3523 OF 2009 WITH CRIMINAL APPLICATION NO.415 OF 2009 Dr.(Mrs.) Radha Dutta and ors. ..Applicant. Vs. The State of Maharashtra. ..Respondent. And Smt. Lipika Mitra. .. Applicant/Intervener. Mr.Shirish Gupte, Sr., Advocate with Mr. J.A.Sarkar i/by R.V.Govilkar for the Applicants. Mr.A.S.Gadkari, APP. For the State. Mr.J.S.Kini, Advocate for the Original Complainant. Mr.S.R. Chitnis, Sr.Advocate i/by Deepak Thakore for the intervenor. CORAM : R.S. MOHITE, J. DATE : 19th April, 2010 PC : 1 This is an application for grant of anticipatory bail. The applicants are shown as an accused in C.R.No.25/2009 registered by the Economic Offences Wing, Unit No.3 for the alleged 2 offences punishable under Section-465,467,468,471, 474,420 and 120B of the I.P.C. The applicant No.1 is the Chairman of a public trust of Mahila Samaj Vikas Kendra. The said trust was allotted a land by the Collector for the purpose of benefiting the poor widows. In short, the allegation against the applicant No.s 1 and 6 is that after constructing galas they had sold the same at the market rate to the outsiders by accepting part amount by cheques and part amount by cash. The Applicant No.7 is the husband of applicant No.1. According to the applicants the complainants are the purchasers of the galas. I have seen the investigation papers. It appears that from the account of the Mahila Samaj Vikas Kendra being Account No.094702000001219 huge amounts of cash have been withdrawn. Several cash withdrawals in the crime are to the tune of Rs.1.50 crore. The Investigating Officer has also seized operating instruction in respect of this account and the same indicates that amount was jointly withdrawn by the applicant No.1 and the complainant 3 Mrs. Lipika Mitra. It does appear that cash amount cannot be withdrawn unless there is signature of Lipika Mitra. In these circumstances, I am not inclined to grant bail to the applicant No.1 and 7 are concerned. As far as applicant Nos. 2 to 6 are concerned, it appears that they were Managing Committee Members of the trust. The Division Bench of this court in Public Interest Litigation No. 112/2008 has passed an order that the trust is not managed in terms of the grant. The Division Bench has also directed to take appropriate action with the provisions of the Bombay Public Trust Act against the Managing Committee. Their involvement in a criminal action requires that they misappropriated an amount of the trust. The learned APP. states that there is fraud of Rs.3.50 Crores in the trust and there is also sufficient material against these applicants, though the same is not collected. In the circumstances, I pass the following order. 4 ORDER a) The application of the applicants 1 and 7 are rejected. b) In so far as application of applicant Nos. 2 to 6 are concerned they will not be arrested without giving 72 hours prior notice of arrest, in writing. Such notice be given only if the prosecution concludes that there is sufficient material to involve them in the commission of offence. Application is disposed off. c) Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)