1 Cri.Appln.No.98/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.98/2011. (1.Pramod s/o Bhaichand Raisoni and 3 Ors. Vs. The State of Mah. And Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.PM Shah, Sr.Counsel with Mr.PP Chavan, Adv. for applicants; Mr.KM Surayawanshi, APP for State/Resp.No.1; Mr.Swapnil Patil, Adv. For Resp.No.2 *** CORAM : K.U.CHANDIWAL ,J. DATE : 15 th February, 2011. ... 1) Heard. 2) A chequered history of several rounds of applications is projected by group of applications moved before this Court, in which present applicants/accused were also parties by Application No. 4429/2010. This Court, by order dated 7.12.2010, while accepting few of the applications, rejected Criminal Application No.4429/2010 of the present applicants/accused. Challenge to the same before the Hon’ble Supreme court did not yield any result. 3) Learned Sr.Counsel pointed that the applicant – Rakesh Vyas was employee at the material time in the credit cooperative society, while Pramod Raisoni, Dr. Mahajan, Prashant Sanghavi, 2 Cri.Appln.No.98/2011 were Directors for intermittent period from 18.3.2007 to 8.10.2007 as they were nominated to activate as Board of Administrators. Certain irregularities were noticed by the Auditor, one of them was diversion of an amount of Rs. 57,00,000/- by cheque no.70832 and another was giving undesired rebate to some of the account holders. 4) During the course of submissions, learned APP and even learned counsel representing the liquidator, inform that reference to cheque No.70832 for Rs. 57,00,000/- was a mistake, the initial cheque was bearing No.70833 and in the investigation, it revealed that such transaction has taken place, which has been a genuine transaction and there was no misappropriation at the behest of the applicants/accused. 5) So far as giving rebates is concerned,a statement is given by the Investigator, indicating the few of the applicants, who availed such rebate, have started remitting the amounts and against few of such persons, proceedings are initiated. 6) Learned APP submits, it was not expected of the Administrator to accord such rebates, which was an illegal act. However, considering the above affairs of the matter, since most of the amounts availed as rebates by the respective 3 Cri.Appln.No.98/2011 borrowers, are deposited, nothing is to be recovered from the applicants/accused, the investigation is virtually complete, documents which were incriminating in its nature are with the investigator or the auditor, no other role is attributed to the applicants/accused, the applicants/accused deserve to be enlarged. 7) In the result, the criminal application, seeking exercise of powers under Section 438 Cr.P.C. is allowed. Hence, order. 8) In the event of arrest of the applicants/accused in connection with Crime No.98/2010 registered at City Police Station, Jalgaon, each one of them be released on furnishing PR bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). 9) The applicants/accused shall attend the concerned Investigator or the Auditor, whenever so specifically notified. The applicants/accused will not influence the witnesses. 10)Criminal Application allowed in above terms. (K.U.CHANDIWAL) JUDGE bdv/