1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3757 OF 2008 Shri Dhananjay Bapusaheb Khade .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.P.D.Dalvi for the applicant. Ms.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.96 of 2008 of Jaysingpur police station, Dist.Kolhapur. The said crime has been registered against the applicant and thirteen others for having allegedly committed an offence punishable under sections 406, 420 read with section 34 of IPC. The applicant, at the relevant time, was a Member of the Board of Directors of Trimurti Co-operative Credit Society. It is alleged that between the period from 1.4.2005 to 31.3.2006 all the Directors, by committing illegalities and irregularities in the Banking operations, caused loss to the said Society of rupees four crores and fifty six lakhs. In so far as the applicant is concerned, 2 2 2 he had taken loan of Rs.75,000/- and his deceased brother had taken loan of Rs.One lakh and some odd amount. 3. On last occasion Mr.Dalvi, learned counsel for the applicant had made a statement that the applicant would repay the entire amount of loan standing in his name and in the name of his brother. Accordingly, the applicant has repaid the entire loan amount and has filed undertaking to that effect in this court on 24.11.2008. Similarly, the applicant has also filed another affidavit dated 24.11.2008 giving particulars of the properties standing in his name and in the name of his wife stating that they shall not dispose of the said properties till conclusion of this proceedings and the proceedings initiated under the provisions of Maharashtra Co-operative Societies Act. Keeping that in view and considering the overall facts and circumstances of the case the order of temporary bail dated 22.10.2008 stands confirmed on the same terms and conditions. The operative portion of the order dated 22.10.2008 read thus: "Till then the applicant - Dhananjay Bapusaheb Khade is directed to be enlarged on bail, in C.R.No.96 of 2008 of Jaysingpur police station, Dist.Kolhapur, in the sum of 3 3 3 Rs.50,000/- with one or two sureties in the like amount, subject to the condition that he shall report to the concerned police station every first and third Saturday between 10 am and 11 am till the next date of hearing." . The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)