((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2242 OF 2006 Ramesh Rajaram Kulkarni Applicant versus The State of Maharashtra Respondent Mr.Umesh Mankapure i/by J.Shekhar & Co. for applicant. Mr.M.M.Deshmukh, APP present. CORAM : S.C.DHARMADHIKARI, J. DATE : 18th August 2006 PC : 1. At the request of Mrs.Deshmukh - learned APP I had granted earlier time to enable her to take instructions. However, she informs me that the concerned I.O. is not present in the Court despite communication of the date to him. I see no reason to adjourn the matter any further. 2. The criminal application is opposed by the State by filing an affidavit of PSI attached to Tasgaon Police Station, District Sangli. He has referred to the complaint and findings of the Internal Auditors. It is on the basis of these ((-2-)) materials that the FIR has been lodged and the case has been numbered as CR No.32 of 2006 and registered as such by Tasgaon Police Station. 3. It is alleged that a sum of Rs.8,28,735/- has not been deposited in the account of the society. In para 8 of the reply it is alleged that the applicant-accused no.4 is working as Secretary of the society and it is his responsibility and duty to inspect and verify the tally register and balance book of the branches once in every month. 4. The allegation is that he never verified and inspected the accounts of Tasgaon Branch during this period. 5. In the application the applicant has made a specific statement that he is permanently working with Sangli Branch of the concerned society. His appointment is as a Secretary of Sangli Bank. Insofar as offences punishable under sections 408, 409 R/W 34 IPC it is the applicant who had pursuant to the findings of his investigation made over the same to his superiors and that is how the FIR was lodged. A copy of the report dated 2nd September 2005 forwarded to the Chairman by the applicant, is annexed to the ((-3-)) application. 6. From a reading of the application and the annexures thereto so also the reply, prima facie, insofar as the irregularities committed at the Tasgaon Branch are concerned,, barring alleged lack of supervision, the applicant has not been accused of committing the same or in collusion, misappropriated the amounts of Salary Earners Co-operative Society Limited. 7. In such circumstances and when the applicant has been attending all through out and rendering necessary assistance in investigation, his application for pre-arrest bail deserves to be considered sympathetically. Accordingly following order. 8. ORDER :- (i) In the event of the arrest of the applicant in connection with C.R.No.32 of 2006 registered at Tasgaon Police Station, the applicant shall be enlarged on bail subject to furnishing P.R.Bond in the sum of Rs.10,000/- (Rs.Ten thousand only) with one or two local sureties in the like sum; (ii) The bail is granted subject to condition that the applicant will attend the concerned Police Station on every Tuesday between 11.00 a.m. to 01.00 p.m.. ((-4-)) (iii) The bail is granted subject to condition that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of accusation against him so as to dissuade him from disclosing such facts to the Court or to the Police Officer/Investigating Agency. The applicant shall not tamper with the prosecution evidence. (iv) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (v) This order will enure to the benefit of the applicant only till charge sheet is filed. Thereafter, he will be free to apply to the appropriate Court for appropriate relief. (vi) Application is disposed of in the above terms. (vii). In the light of above order, the application for intervention bearing No.413 of 2006 is disposed of. (S.C.DHARMADHIKARI, J.)