(1) CRI. APPLN. 965.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 965 OF 2010 Vijaysing S/o Kisansing Pardeshi, Age : 64 years, Occu.: Agriculturist, R/o : 584, Tofkhana, Ahmednagar, Tq. and Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra Through Topkhana Police Station, Ahmednagar (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent AND CRIMINAL APPLICATION NO. 1308 OF 2010 Kisan s/o Baburao Berad, Age : 66 years, Occu.: Agriculture, R/o. Somewadi, Post. Mehekari, Tq. Nagar, Dist. Ahmednagar .. Applicant VERSUS 1] The State of Maharashtra, 2] The Police Inspector, Tofkhana Police Station, Ahmednagar, Dist. Ahmednagar (Copies to be served on the Public Prosecutor, High Court Bench at Aurangabad) .. Respondents Mr. V.D. Hon, Advocate for the Applicant (In Criminal Application no. 1308 of 2010) Mr. P.D. Bachate, Advocate for the Applicant (In Criminal Application no. 965 of 2010) Mr. S.D. Kaldate, AGP for the respondent-State ... (2) CRI. APPLN. 965.2010 CORAM : K.U. CHANDIWAL, J. DATED : 28TH APRIL, 2010 PER COURT:- 1] Heard Mr. Hon and Mr. P.D. Bachate for respective clients/applicants. By order dated 5.4.2010, the applicant Vijaysing Kisansing Pardeshi is directed to be released on bail in the event of arrest with the conditions enumerated therein. The Administrator has confirmed that Rs.5,00,000/- as directed, is deposited by Vijaysing in the time schedule. Receipt is produced. 2] There is no grievance against the accused applicant Vijaysing to tamper with the record or influencing the witnesses. Consequently, the interim protection granted by order dated 5.4.2010 is made absolute. Criminal Application no. 965 of 2010 allowed. The applicant shall attend the Investigator on last Sunday of every month for a period of one year. The attendance as highlighted earlier in clause (ii) by order dated 5.4.2010, is modified as above. 3] So far as applicant Kisan in Criminal Application no. 1308 of 2010 is concerned, the change of circumstances contended by Mr. Hon is that, except Vijaysing and Kisan, all other directors in the Milk Scheme are released on bail either by this Court or (3) CRI. APPLN. 965.2010 by the learned District Court. Nothing is to be recovered nor anything was recovered from the applicant. The Auditor has directed rectification of account. The nature and the liability of the applicant Kisan is not individual, it is joint and several. It is pointed, the accused-applicant was the Office bearer as Vice Chairman for a short portion from 1.4.2005 to 24.11.2006. That apart, already an authority to operate the Bank accounts and the cash was vested with Vijaysing, the Chairman as is indicated in the resolution of the Milk Scheme dated 22.12.2004 (page 43 of the compilation). 4] In the fact situation and the above changed avenues, the conduct of the applicant Kisan though may not be branded to be gullible approach however, he has not shown to have aborted the efforts of investigation or the Auditor, he deserves protection. The conduct of directors as a whole has brought a dizziness to the affairs of the Milk Scheme, however, for that the accused-applicant Kisan should not be blamed to face the brunt. The Milk Scheme is already suffering financial crunch. If the accused- applicant has no role in the embezzlement carried at the Milk Scheme, necessary precautions can be taken, however, for the present the applicant to make arrangement to deposit the amount as indicated in the order below:- ORDER [I] In the event of the arrest of the accused- (4) CRI. APPLN. 965.2010 applicant Kisan in Crime no. 229 of 2009 registered at Tofkhana Police Station, Ahmednagar, he be released on bail on his furnishing P.R. bond and surety in the sum of Rs.15,000/- (Rs. Fifteen Thousand). [II] The accused-applicant shall attend the Auditor/Administrator whenever so notified. The accused-applicant shall attend the concerned Police Station on last Sunday of every month for a period of one year, he shall maintain record of such attendance. [III] The applicant/accused shall not tamper with the prosecution witnesses nor influence them and also co-operate in the process of auditing carried by the Auditor with the Milk Scheme. [IV] The accused-applicant shall deposit, without prejudice to his rights to recover the amount, Rs.5,00,000/- (Rs. Five Lakhs) directly with the Milk Scheme within 4 weeks from today and produce receipt before this Court for compliance. Failure to result in automatic dismissal of the Application/discretion exercised today. 5] Criminal Application no. 1308 of 2010 allowed in the above terms. Sd/- (K.U. CHANDIWAL, J.) arp