* 1 * ABA.573.2011 12.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 573 OF 2011 Mr. Chandrabose Ramlal Desai .... Applicant V/S. The State of Maharashtra & Ors. ..... Respondents Mr. Rohan Sonawane, Advocate for the applicant. Mrs. GP. Mulekar, APP for the State­respondents. CORAM :­ Smt. R.P. SondurBaldota, J. 12th July, 2011. P.C. :­ 1. The applicant has approached this Court directly without first approaching the Sessions court for an order of anticipatory bail. The applicant apprehends his arrest in C.R. No.47 of 2008 for the offences punishable under Sections 406, 409, 420, 467, 468 read with Section 34 Indian Penal Code. 2. The brief facts of the case of the prosecution is that during the period August 2001 to March 2006 the applicant and other directors of the company by name Adhunik Grihnirman Vittiya Corporation Limited had collected several amounts by way of deposit from the general public. After collecting the amounts, the directors vanished * 2 * ABA.573.2011 12.7.2011 from the scene. The complaint gives names of about 28 persons who had during the period deposited different amounts every month with the company. Since the amount was not returned on maturity of the deposits, one of the depositors filed the complaint herein. 3. The applicant claims that at the relevant time i.e. during the period August 2001 to March 2006 he was not concerned with the Company any longer as he had already resigned has a director in the year 1999 and his resignation had been accepted and recorded in the record of the Company Registrar on 1st April, 2000. The learned APP points out from the record that there are statements made by witnesses during the course of investigation that though the applicant has ostensibly resigned as a director, he had played an active role in collecting deposits from various persons. Perusal of the case papers indicates that the applicant alongwith others was active in collection of the deposits during the period of August 2001 to March 2006. He had also signed the Balance Sheet of the Company after his retirement. In that circumstance, on a prima­facie view, the resignation of the applicant becomes inconsequential. Considering the nature of the offence alleged which involves several persons and extensive documents, custodial interrogation of the applicant cannot be denied to the police. 4. The applicant points out that the other directors of the Company * 3 * ABA.573.2011 12.7.2011 have already been granted anticipatory bail. There can be no question of parity between the applicant and other directors, considering the material on record against the applicant. Hence, the application is dismissed. [SMT. R.P. SONDURBALDOTA, J]