1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 341/2011 Namrata Deepak Kolhatka ..vs.. The State of Maharashtra, thr. PSO PS Deoli, Dist. Wardha With Criminal Application (ABA) No. 342/2011 Vinod Vitthalrao Mahure ..vs.. The State of Maharashtra, thr. PSO PS Deoli, Dist. Wardha Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N. S. Khandewale, Advocate for applicant in ABA No. 341/2011 Mr. M. M. Agnihotri, Advocate for applicant in ABA No. 342/2011 Mr. V. A. Thakre, A.P.P. for non applicant-State CORAM : M.N. GILANI, J. DATED : December 1, 2011 1. Heard learned counsel for the parties. 2. Both these applications are arising out of Crime No. 102/2011 registered with Police Station, Deoli, Dist. Wardha for an offence punishable under Sections 420, 468 read with section 34 of the Indian Penal Code. Hence, they are being disposed of by this common order. 3. In the month of February-2010 an advertisement was issued by one Ram Ghate and Vaishali Mahure, who posed themselves as Secretary and Director respectively of Sai Bahuuddeshiya Shikshan Sanstha. This advertisement was for appointment of teachers in Deoli and Arvi talukas. It was further mentioned that the project in rest of the Talukas of Wardha District is proposed to be implemented through NGOs. For that, interested 2 NGOs were invited to apply. In response to this advertisement, the applicant Namrata Kolhatkar, who is running Rashtriya Yuva Kranti Bahuuddeshiya Mahila Vikas Sanstha (NGO) showed interest in operating in 50 villages of Taluka Deoli. The applicant received communication from Sai Bahuuddeshiya Shikshan Sanstha selecting her for implementing the project in 20 villages. There is a mother NGO, which is Child Development Mission, Mumbai. The object of the project was to coach-tutor weak students between the age group of 6 to 14. The applicants were asked to pay Rs. 12,000/- fees. The present applicant and Sai Bahuuddeshiya Shikshan Sanstha entered into a Memorandum of Understanding (MoU). As per one of the terms in the MoU, the applicant was supposed to issue advertisement in the newspaper calling upon candidates interested in running services as coordinators, teachers and clerks. The candidates selected were made to pay Rs.12,000/- towards cost of training. The training was to be imparted at Ahemadnagar by Sai Bahuuddeshiya Shikshan Sanstha. The applicant sent 13 candidates and after their training was over, they were sent to the Zilla Parishad Schools to coach the weak students. The centers were opened in consultation with Education Department of the Zilla Parishad. For that, rooms in the schools were allotted. 4. On 08.09.2011, one Sau. Kanhopatra Bhagat lodged First 3 Information Report with Police Station, Deoli alleging that those who paid the entire amount of Rs.12,000/- (cost of training) were given posting in different centers and they worked for 10 months. Since, she did not pay full amount, she was not given any posting. 5. The statement of one Anil Gaikwad, who was serving as clerk in the training center at Kedgaon, Ahmadnagar shows that there did exist the Child Development Mission, Mumbai and there was arrangement between Sai Bahuuddeshiya Shikshan Sanstha and the said Child Development Mission, Mumbai to impart training. The statement of one Mahendra Mahajan, Extension Officer, Panchayat Samiti, Deoli shows that for coaching the students in the age group 6 to 14, one room in each school was made available. Since, the project was to coach or tutor the weak students, the instructions were issued to all the Head Masters to make available one room in their schools for such coaching. Similar is the statement of one Ashok Gidewar, Extension Officer, Panchayat Samiti, Hinganghat. 6. Therefore, it cannot be said that since inception, all the transactions were fake or fraudulent. It is different matter that how much amount the NGO run by the present applicant could earn and how much benefit the students would get and whether those persons who paid the training fees would get the employment, as promised. 4 7. The applicant had moved the learned Sessions Court, Wardha. The learned Additional Sessions Judge, rejected the application. However, the applicant continued to be on interim anticipatory bail as per order of this Court (Coram: U. V. Bakre, J.) from 29.09.2011 till today. 8. So far as applicant Vinod Mahure is concerned, he is President of Sai Bahuuddeshiya Shikshan Sanstha. He was entrusted with implementation of the project in the entire Wardha District. According to the applicant, after recovering fees of the training, the said amount was passed on to the Child Development Mission, Mumbai or Sai Bahuuddeshiya Shikshan Sanstha. The fact remains that he was on interim bail by this Court (Coram : U. V. Bakre, J.) from 28.09.2011 till date. 9. In this view of the matter, it appears that exercise of discretion under section 438 of the Code of Criminal Procedure in favour of the accused would, in no manner, prejudice or hamper the investigation. In view of above, both the applications are allowed. Criminal Application No. 341/2011 In the event of arrest in Crime No. 102/2011 registered with Police Station, Deoli, Dist. Wardha for the offence punishable under Section 420, 468 r/w 34 of the Indian Penal Code, the applicant-Namrata Deepak Kolhatkar, be released on her executing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like 5 amount. The applicant is directed to attend Police Station, Deoli for a period of one week commencing from 03.12.2011 between 10.00 a.m. to 2.00 p.m. and, thereafter, as and when required by the Investigating Officer. Criminal Application No. 342/2011 In the event of arrest in Crime No. 102/2011 registered with Police Station, Deoli, Dist. Wardha for the offence punishable under Section 420, 468 r/w 34 of the Indian Penal Code, the applicant-Vinod Vitthalrao Mahure, be released on his executing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount. The applicant is directed to attend Police Station, Deoli for a period of one week commencing from 03.12.2011 between 10.00 a.m. to 2.00 p.m. and, thereafter, as and when required by the Investigating Officer. JUDGE kahale