1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.274/2011 ( Kishor s/o Pandurang Garad ..Vs.. State of Maharashtra, through P.S.O., City Police Station Khamgaon, Tq. Khamgaon, Distt. Buldana ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.V. Bhide, Adv. for applicant. Mr. S.S.Doifode, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 29.11.2011. 1. This is an application under section 438 of the Criminal Procedure Code for issuing directions to release the applicant/accused on bail in the event of his arrest in Crime No. 86/2011 registered with police station Khamgaon under section 406, 408, 420 read with 34 of the Indian Penal Code. 2. Gajanan Urban Credit Cooperative Society is registered under the Maharashtra Cooperative Societies Act, 1960. This society is engaged in distributing loans to the needy persons, accepting term deposits and maintaining saving accounts of the members. There was audit of the financial affairs of the said Society by the Auditor of Cooperative Societies for the period from 1/4/2006 to 31/3/2009, in which various 2 irregularities were noticed. The conclusion was that there was defalcation/misappropriation of amount of Rs.3,11,19,495/-. On 17/6/2011 the Auditor lodged report and on that basis the offence came to be registered. The persons who held the office of director along with two to three officials of the said Society have been arrayed as accused. In all, there are thirty five accused persons. 3. It is the case of the applicant that he was not the member of the Society. He never opened any saving account nor deposited any amount in the Society. His further contention is that he never knew about his appointment as director and consequently, he had no occasion to attend any meeting much less sign on the proceedings book. The clarification dated 2/7/2011 issued by Manager of the Society is placed on record at Annexure-II. The same supports the contention of the applicant. The provisions of section 73(1AB) 2nd proviso of the Maharashtra Cooperative Societies Act, 1960 are placed into service. 4. Thus the evidence does not show that the present applicant played any role in the business transacted by the Society at any point of time and hence his arrest in this 3 crime appears unwarranted. 5. Application is allowed. 6. In the event of applicant/accused Kishor s/o Pandurang Garad in Crime No.86/2011 registered with police station Khamgaon under section 406, 408, 420 read with 34 of the Indian Penal Code, he be released on bail on his executing P.R. bond of 50,000/- (Rs. Fifty Thousand Only) with two solvent sureties in the like amount with condition that he shall attend the police station Khamgaon as and when called by the Investigating Officer. 7. Hamdast allowed. JUDGE Tambaskar.