1 183.11­aba bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.183 OF 2011 Baburao Balkrishna Joshi ..Applicant Versus State of Maharashtra ..Respondent Mr.Ganesh Gole i/b. Ms.Gulestan M.Dubash for Applicant. Mrs.A.A.Mane, A.P.P. for State. Mr.Awate, Dy.S.P., State CID, Pune. CORAM : A.R.JOSHI, J. DATED : MARCH 10, 2011 P.C. :­ 1. Heard rival submissions of the parties for some time on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of C.R.No.47 of 2008 registered with Devrukh Police Station, Dist. Ratnagiri for the offence punishable under Section 420, 406, 409, 407, 468 r.w. 34 of the Indian Penal Code. 2. According to the FIR, one Finance Corporation was established under the name and style of Adhunik Nirman Vittiya Corporation Ltd. and rather a scheme was floated in which various needy persons were to make investment per month and after the expiry of a fixed period they were to get certain amount along with some additional incentive. Accordingly, various persons joined the scheme and different amounts were invested per month from sundry amount of Rs.50/­ upto few thousand. Said scheme was floated 2 183.11­aba from the year 2000 to 2006. Thereafter, when the complainant wanted to withdraw back her entire invested amount prior to its maturity period, she found that the office of the said Corporation was closed down and all the office bearers were absconding. On the said complaint, other four accused and the then prevailing Directors of the Corporation were asked for anticipatory bail which was granted by another bench of this Court. 3. What is argued on behalf of the present applicant is that, in the year 2002 and subsequently from 4th April, 2002, he had left his job as a Manger of the said Corporation. A letter to that effect is annexed at page No. 18 to the said application. This leaving of job as a Manager by the applicant has been conceded by the learned APP on instructions from the Police Officer who is present in the Court. Though it is a matter in which the prevailing Directors of the Corporation had conspired to defalcate the amount of common investors, the role of the present applicant is required to be ascertained in order to decide whether his custodial interrogation is required in the present case. 4. In view of the above factual position and as since April, 2002, the applicant had left the job and thereafter in no way connected with the working of the Corporation, which fact has been conceded by the Investigating Agency, it is a case in which the application for anticipatory bail can be allowed with certain conditions to be imposed on the applicant. Hence, the order. ORDER a) Application is allowed. 3 183.11­aba b) In the event of arrest of applicant in C.R.No.47 of 2008 registered with Devrukh Police Station, Dist. Ratnagiri for the offence punishable under Section 420, 406, 409, 407, 468 r.w. 34 of the Indian Penal Code, the applicant shall be released on bail on his executing P.R. bond of Rs.15,000/­ with one surety for the like amount. In the event of such arrest and availing bail, the applicant shall attend the State CID at Pune on first Sunday of each month between 10.00 a.m. to 2.00 p.m. for a period of two months and shall cooperate with the Investigating Agency. c) Application stands disposed of accordingly. (A.R. JOSHI, J.)