* 1 * ABA.325.2011 23.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 325 OF 2011 Dr. Sarjerao Changdeo Mane ..... Applicant V/S. The State of Maharashtra (at the instance of Sr.P.I. Barshi City Police Station, Solapur) ...... Respondent Mr. Niranjan Mundargi, Advocate for the applicant. Mr. Harshad Bhadbhade, Advocate for the Intervenor in Intervention Application. No. 197/2011. Mrs. G.P. Mulekar, APP for the State-respondent. CORAM :- Smt. R.P. SondurBaldota, J. 23rd August, 2011. P.C. :- 1. The applicant herein who is a Doctor by profession apprehends his arrest in C.R. No. 48 of 2011 registered with Barshi City Police Station, Solapur for the offences punishable under Sections 406, 467, 471 and 477(A) read with Section 34 Indian Penal Code and has filed the present application for anticipatory bail. There are 12 more persons arrayed as accused in the complaint. 2. The applicant is an anesthesist and has been associated with * 2 * ABA.325.2011 23.8.2011 Jagdalemama Hospital, Barshi as Medical Superintendent for more than 20 years. In the year 1988, a Co-operative Society under the name and style of Dr. Jagdalemama Hospital Servant’s Co-operative ‘ Credit Society (hereinafter referred to as `the Society’) was established. The Society runs a medical shop within the premises of the hospital. During the period 1st December, 2004 to 30th May, 2005 and thereafter until the year 2009 the applicant was elected to the post of Chairman of the Society. One Dr. Prakash Burgute, an Orthopedic Surgeon is also attached to the hospital and a member of the society. A private complaint had been filed against him for commission of the offences punishable under Sections 465, 467 and 471 Indian Penal Code in which chargesheet has been filed. 3. One Dr. Deshmukh, had filed a complaint against the officers of the Society alleging misappropriation of the medical shop accounts. A report under Section 83 of the Co-operative Societies Act, therefore came to be submitted vide report dated 26th November, 2008. Thereafter, on officer came to be appointed to carry out an enquiry under Section 88 of the Maharashtra Co-operative Societies Act. After conducting a detailed inquiry, report came to be submitted on 22nd February, 2011 which exonerated the applicant and other persons. Thereafter, one Nitin Avate, a relative and associate of Dr. Burgute * 3 * ABA.325.2011 23.8.2011 filed a complaint against the applicant and 12 others being C.R. No. 48 of 2011. 4. The applicant claims that he has been falsely implicated in the case by Dr. Burgute who is allegedly under an impression that the complaint against him has been filed at the instance of the applicant. The complainant is not concerned either with the Society or with the Medical Shop run by the Society, in any way. Perusal of the record does indicate of some rivalry between the applicant and Dr. Prakash Burgute who is a member of the Society and also associated with some other Hospital in Barshi. The original complainant has been running medical shop in that hospital. 5. The complaint alleges that the total annual turnover of the medical shop is of about Rs.4 crores. The acts constituting the offence allegedly committed by the applicant and the other co-accused are that, while purchasing medicines for sale in the shop, they did not issue any advertisement nor called for tenders/quotations. They had purchased the medicines from one Umesh S. Shinghan, a relative of the applicant herein by paying inflated price causing loss to the Society of about Rs. 13,00,000/-. Secondly, the medical shop failed to return the unused medicines to the supplier and receive refund of the price for a long period thereby causing loss to the extent of Rs.15,55,748.58/- to the * 4 * ABA.325.2011 23.8.2011 Society. There was difference in the stock register and the annual stock available in the Society. The reduced stock of medicines is of the value of about Rs.50,17,000/-. In this way, during the period 2005 to 2009 there is misappropriation of about Rs.82,72,748.58/- in the medical shop. It is not indicated as to how the original complainant who is a rank outsider got the details of the information. 6. Heard the counsel for the applicant and the intervenor-original complainant. Perused all the documents produced before the Court. The documents show that the applicant is a permanent resident of Barshi and has been working at Dr. Jagdalemama Hospital, Barshi. He has been so working for the last 20 to 25 years. Presently, he is appointed as an anesthesia expert in the same hospital. There is no dispute that the police have seized all the documents pertaining to medical shop run by the society. It has arrested the Secretary and Joint Secretary of the medical shop. There are no allegations against the applicant as regards the direct functioning/running of the medical shop. The only allegation connecting him to the offences is the allegation that the medical shop purchases medicines from his relative at inflated rate. 7. Extensive arguments have been made before this Court to show that there has infact been misappropriation of funds of the medical * 5 * ABA.325.2011 23.8.2011 shop. It is not necessary for this Court to go into the veracity of the allegations at this stage. The record also shows that there are inconsistent reports as regards the enquiry conducted into the functioning of the medical shop. In these circumstances, in my opinion no custodial interrogation of the applicant is required. There is also no apprehension of the applicant absconding considering his background. Hence, the application for anticipatory bail is allowed. In the event of the applicant’s arrest in C.R. No. 48 of 2011 registered with Barshi City Police Station, Solapur, he be released on bail in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) on furnishing one solvent surety in the like amount. The applicant shall make himself available for interrogation by the Investigation Officer as and when required. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the trial Court. [SMT. R.P. SONDURBALDOTA, J]