1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1773 OF 2010 (Waman Pandurang Madankar and others .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.W. Sambre, Advocate for the applicants. Shri M.J. Khan, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 02ND DECEMBER, 2010. Heard. Learned Counsel for the applicants submits that the applicants are the members and office bearers of Hindustan Nagari Sahakari Pat Sanstha Maryadit, Bhandara. Some of the applicants are associated with Pat Sanstha since last 15 to 20 years. One Rambhau Tukaram Sakharkar is the President of the said Society. He further submits that on the basis of the report of Assistant Auditor, District Special Audit Branch, Bhandara, Crime No. 373/2010 came to be registered with the Police Station, Bhandara for the offence punishable under Section 403, 406, 409, 467, 420 read with Section 34 of the Indian Penal Code and as the applicants are apprehending their arrest in the said crime, they have moved this Court by filing the present application under Section 438 of the Code of Criminal Procedure. Learned Counsel for the applicants submits that the sum and substance of allegations against the applicants is that the said applicants along with the President of the Society disbursed the loan to their near relatives without following the rules. It is further alleged in the complaint that while distributing the loan, the required documents were not given by the persons to whom the loan was disbursed. It is also alleged that there was no repayment of the loan and as such nearly loss of rupees eight lakhs and odd amount was caused to the society. Learned Counsel for the applicants further submits that there is no material against the applicants and on the vague material the 2 investigating agency is behind the applicants and in such a situation, the applicants deserve protection. Per contra, the learned APP by filing the reply vehemently opposes the application. Learned APP has produced the material for perusal of this Court. He further submits that apart from the allegations that there were large irregularities in disbursing the loan, the applicants are also involved in sale of property without following the rules and the amount of that transaction was not credited to the account of the society and it was siphoned by the applicants who are the members and office bearers of the society. From the perusal of the material produced before me, it reveals that there were two enquiries conducted in the grievance made. One enquiry was conducted by the Auditor and the other enquiry was conducted by Mr. Satghare, Authorized Officer of the Cooperative Society, Taluka Paoni, District Bhandara. Learned APP fairly submits that the material for consideration of both the authorities was the same. I have perused the enquiry report. It seems that Shri Satghare who has conducted the detailed enquiry referred to the charges against the applicants, the tenure of these applicants who were the office bearers of the society. It is not in dispute that in view of the grievance of the depositors and the material examined by the Authorized Officer, he has arrived at the conclusion that for the loss of rupees eight lakhs and odd, though the applicants are responsible for the financial losses, it is stated by the Authorized Officer that the President Shri Sakharkar who had disbursed the loan as per his whims without following the rules and he is the person responsible for the loss of Rs.8,22,109/-. It is also observed by the Authorized Officer that the amount of rupees eight lakhs be recovered from Shri Sakharkar along with the interest and with the expenses caused for the enquiry. The record further shows that in respect of transaction i.e. sale of plot, the persons responsible are one Smt. Sushila Gabhne and one Shri Rajkumar Sakharkar. Both these persons are not before this Court nor they are added as the 3 applicants and as such there is no reason for this Court to consider the material against these two persons. Learned Counsel for the applicants submits that independent proceedings under Cooperative Act are also initiated. He further submits that the applicants have deposited the amount in the said society which ranges from Rs.8,000/- to Rs. 5,00,000/-. He further invites my attention to the interim order dated 28.10.2010 passed by this Court and submits that as it was stated by the applicants that to show their bona fides the applicants would deposit an amount of Rs.50,000/- each in Sessions Court at Bhandara. He further submits that accordingly the amount is deposited by all the applicants except applicant No. 8. He further submits that the applicants are cooperating with the investigating agency and they are further ready to cooperate with the investigating agency. As per his instructions, their statements are also recorded by the investigating agency. Learned Counsel for the applicants further submits that the record of the society is not available with the officials as the same was required for conducting enquiry by the Auditor and the Authorized Officer and no record is available with these officials and as such no custodial interrogation is required. It is to be noted that by order dated 28th October, 2010, this Court granted interim protection to the applicants by directing them to deposit an amount of Rs.50,000/- each and accordingly the amount is deposited by all the applicants except applicant No.8.. Subsequently, on 25th November, 2010, it was submitted by Shri S.W. Sambre, the learned Counsel for the applicants that in spite of his best efforts, he could not establish contact with applicant No.8 and as such, interim protection was not continued in respect of applicant No.8-Kundlik Ganesh Barai. On consideration of the material, I find considerable merit in the submissions of learned Counsel for the applicants. Prima facie case is made out . In the result, the application is partly allowed. Interim order is confirmed with the following conditions. 4 (i) The applicants to cooperate with the investigating agency and attend the Police Station, Bhandara on every Sunday between 09:00 a.m. and 12:00 noon for the period of three months or till filing of the charge sheet, whichever is earlier. (ii) The applicants shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicants to submit their residential addresses and their contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicants are moving out of the area of Police Station, Bhandara, they shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.