1 ABA-760-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 760 OF 2011 Shri Chandrakant Vitthal Divakar ... Applicant (Orig. accused) vs. The State of Maharashtra ... Respondent Mr. V.V.Purwant,Advocate, for the applicant. Mr.Y.M.Nakhwa, APP, for the respondent . CORAM: J.H.BHATIA,J. DATE : 6th September, 2011. P.C. 1. The applicant seeks anticipatory bail in Crime No. 237/2011 registered with Sadar Bazar Police Station, Solaur for the offences punishable under Sections 468, 471, 420, 470 read with Section 34 of I.P.C. 2. The offence was registered on the basis of the FIR lodged by the Civil Supplies Inspector alleging that even though the Solapur Aarya Kshitriya co-op. Society Sahakari Urban Sanstha, Maryadit, Solapur, running a fair-price shop No. A-15, was de-registered by the Deputy Registrar, Co-op. Societies by 2 ABA-760-11.sxw order dated 25.10.2004, the Society continued to lift rations from the Civil Supplies Dpartment and continued to run business of ration shop. The applicant was Chairman of the Society. The record reveals that the Society was registered in the year 1936 and since then it was operating and was running fair price shop. As its accounts were not audited and the reports were not submitted, the Society came to be de-registered by order dated 25.10.2004. The said order also shows that the Civil Supplies Department was informed by the Deputy Registrar, Co-op. Societies, for the first time on 15.2.1010 about de-registration of the Society. It appears that even before that the Society had passed its resolution on 3.1.2010 to inform the Civil Supplies Dept. that they were unable to run the ration shop and therefore the cardholders may be shifted to some other shop and accordingly the present applicant had addressed a letter dated 7.1.2010 to the concerned Civil Supplies Officer. The FIR was lodged about 1½ year after the applicant himself approached the Civil Supplies Department to stop the supplies. There is no allegation in the FIR or in the reply filed by the police before the Sessions Court to show that rations were not supplied to the card-holders and were disposed of elsewhere illegally. Taking into consideration all these facts and circumstances, in my opinion, custodial interrogation of the applicant is not necessary for the investigation of the case. 3 ABA-760-11.sxw 3. Therefore, in the event of arrest in Crime No.237/2011, the applicant be released on his executing P.R. of Rs.15,000/- with a surety in the like amount with condition that he shall make himself available to the police for interrogation/investigation and shall produce all the relevant documents which may be required by the police. He shall not misuse the bail. (J.H.BHATIA,J.)