{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4496 OF 2009 1. Trimbak s/o Mukundrao Kamble Age-55 years, Occ-Agri-Social Work R/o India Nagar, Latur 2. Mr.Jagdish s/o Janardhan Ohal Age-37 years, Occ-Agril R/o India Nagar, Latur APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, Gandhi Chowk Police Station, Latur Dist-Latur RESPONDENT ....... Mr.R.F.Totla, Advocate for applicants Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5th January 2010 PER COURT: 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with M-Case No.18/2009 registered with Gandhi Chowk police station, Latur for an offence {2} punishable u/s 409, 420, 468, 471 r/2 34 of the IPC. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. Perused the papers of investigation carried out till today. 3. The case has a chequered history. M Case No.18/2009 came to be registered on 17th November 2009, which is an offshoot of a complaint lodged by the Secretary of the Trust of which present applicant No.1 is the President. The said case was numbered as RCC No.770/2002. “C” summary was submitted by the police and on 21st April 2003 the same was granted by the Court of law and the topic was closed. The order of granting “C” summary was challenged and ultimately, on 17th November 2009, reinvestigation is directed and on the basis of same M-Case No. 18/2009 came to be registered. 4. It has to bear in mind that a dispute was initiated before the Assistant Charity Commissioner in respect of control over the Trust between the complainant, who alleges himself to be the Secretary of the said Trust and the present applicants. As per the directions of the Social and Welfare Department, the Trust has first to invest or incur expenditure on its day to day affairs and later on to get it reimbursed from the said Department. In the premise, it is not a case that the amounts or funds are disbursed or entrusted either to the Secretary or the President of the Trust, {3} who utilize the same. However, as per procedure, initially, the expenditure has to be born by the Trust and subsequently get the same reimbursed, after verification. Dispute over as to who has control over the financial management of the said Trust is still pending before this Court. In the premise, after the order of reinvestigation, wherein statements of witnesses are already recorded, custodial interrogation of the applicant is not necessary. Case is made out to exercise discretion u/s 438 of the Criminal Procedure Code. 5. In the result, application is allowed. Interim protection granted on 19th December 2009, is hereby confirmed. This protection has to remain in force till filing of the Chargesheet, if any, in the competent Court of law. Applicants may apply for regular bail after filing of the charge sheet. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/A10/criapln4496-09