1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4198 Of 2009 Yogesh Raman Dube, Age-35 years, Occu-Service, R/o.Sawada, Tq.Raver, Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra, Through Police Station, Faizpur, Dist. Jalgaon RESPONDENT Mr.P.V.Khiste, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail, in the event of his arrest in connection with CR No.85/2009, registered in Faizpur Police Station. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP for State. 3. Considering the submissions across the bar, as well as perusal of papers of investigation, it appears that the said offence came to be 2 registered in Faizpur Police Station on the complaint of Nilkanth Mahajan, who is an auditor and audited the accounts of Gurudev Merchant Co-operative Credit Society, Faizpur. It is not under dispute that during the audit period, the applicant is serving as a Manager with the said Society. It is also not under dispute that Ravindra Bhagwat Jawale, the co-accused was the Chairman of the said Credit Society within that period. Perusal of the papers of investigation discloses that, an amount in the sum of Rs.13,00,000/- was invested under the signature of present applicant in Khirdi Merchant Co-Operative Society, Khirdi, Tal.Raver, Dist. Jalgaon without previous sanction and the said society went in liquidation and the amount invested can not be recovered. 3 instances are brought to the notice of this Court that without securing any security, loan in the sum of Rs.9,21,580/-, Rs. 7,00,000/- and Rs.1,19,000/- was disbursed to 3 borrowers under the signature and sanction of the present applicant. It is also not under dispute that the proceeding books of the credit society are written by the present applicant in his handwriting, in the capacity as Manager wherein these persons who are not residing in the jurisdiction and were not present at all to any of the meeting, were shown as present in the meeting and were nominated and elected as Directors of the credit society. The transactions which were entered in the proceeding book of the meetings, were never held. If this is the evidence against applicant, it can not be said to be safe that there is false implication of applicant in said offence. The application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4198-09