IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3148 OF 2009 Dr.Sitaram Raghunath Kapase ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.A.P.Mundargi Sr. Adv. i/by Mr.Samir A. Vaidya, Adv. for the applicant. Mr.Mohan P. Tkavade with Ms.Swati M. Tekavade, Sachin V. Dere and Mr.Pramod S. Sonawane, Adv. For the Intervenor. Mr.J.P.Yagnik, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: The present applicant is a retired police officer of the rank of DCP who has been arrested on 17.6.09 in CR No.109/09 registered with Kharghar police station, Navi Mumbai for the offence punishable under sections 406, 420, 467, 468, 471 read with section 34 of IPC. 2. Initially police custody remand of 14 days was granted and thereafter applicant is in judicial custody. 3. The learned counsel for the applicant has submitted that the investigation is complete and charge sheet has been filed. The applicant is in custody for more than thee months and there is no justification for furter detention of the applicant in custody. It is asserted by the learned senior counsel for the applicant that during the period for which the applicant has been in judicial custody in CR No. 109/09 he has not been interrogated even once. The statement has not been contradicted. 4. According to the prosecution the applicant was a chief promoter 1 of proposed housing society. The Society had applied for allotment of plots to the Government. The Government and CIDCO had allotted two plots of land to the society. While acting as Chief Promoter of the Society the applicant had acted detrimental to the interest of the members thereof in as much as though the plots were allotted to the society for construction of houses/flats for police personnel, the applicant had used the same for his personal benefit. It is also alleged that the members of the society had contributed money and the members are neither allotted houses/flats nor the money has been refunded. It is further case of the prosecution that one of the plots had been handed over to a private builder without following any procedure whatsoever and without taking any one in confidence and thereby the applicant has cheated the members of the society, the Government so also CIDCO. The applicant has allegedly forged various documents and has committed acts of misappropriation and criminal breach of trust etc. 5. Learned counsel for the applicant has submitted that one more CR came to be registered prior in point of time touching the affairs of the society with similar allegations against the present applicant bearing No.181/07 and the applicant has been protected by interim order passed by the Supreme Court, as the matter was carried to the Apex Court on rejection of anticipatory bail application filed by the applicant by the Sessions Court and the High Court. Learned APP submits that in the event if the applicant is released on bail the applicant be directed to attend the concerned police station and cooperate in the investigation of the crime for the reason that various documents are still not traced and possibly the applicant alone would be in position to produce those documents. I have also heard the 2 learned counsel for the intervenor. In my opinion as the applicant is in custody for last more than three months and as the investigation is complete and charge sheet has been filed I do not see any purpose being achieved in continuing detention of the applicant in custody. In that view of the matter I direct that the applicant be released on bail on executing personal bond in the sum of Rs.25,000/- with one or two sureties in the like amount. Upon release of the applicant on bail he shall attend the concerned police station daily for a period of 15 days between 4.00 to 8.00 p.m. and thereafter once in a week for a further period of one month. The applicant shall also attend the police station as and when so directed by the investigating officer. Application stands disposed of. 17.9.2009. 3