1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1783 OF 2009 CRIMINAL APPLICATION NO.1783 OF 2009 CRIMINAL APPLICATION NO.1783 OF 2009 Mrs Manisha Chandrakant Rote, .. Applicant Vs The State of Maharashtra, .. Respondent. Mr A.P.Mundargi, Sr.Advocate, with Mr T.S.Ingle i/b Mr Sachin B. Shetye, for the applicant. Mr K.V.Saste, APP, for the respondent-State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 29.04.2009. DATED : 29.04.2009. DATED : 29.04.2009. P.C.: . Heard Mr Mundargi, learned senior counsel for the applicant and Mr Saste, learned A.P.P, for the State. 2. The applicant is seeking anticipatory bail in C.R.No.105 of 2009 of Karad City Police Station, Dist-Statra. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 420,406,417,465,467,468,471,120(B) r/w 34 of IPC. 3. The case of the prosecution, in brief, is that one Jeevan Shanti Mahila Griha Udyog Sanstha floated a scheme under which they offered membership to needy 2 2 2 ladies upon depositing an amount of Rs.4400/- by them with the Sanstha. Out of the said amount, an amount of Rs.3000/- was to be accepted as refundable deposit and Rs.1000/- were towards training fees. Hundreds of women became members of the Sastha under the scheme. The allegation against the present applicant is that about four to five lacs of rupees were paid to the applicant by Sambhaji Pawar, one of the employees/office bearers of the Sanstha, and that amount, according to the prosecution, has been misappropriated by the applicant. Mr Mundargi, learned senior counsel for the applicant, however, submits that the aforesaid amount was taken from the Sanstha to make payment to members of the Sanstha and accordingly she paid the amount to the members of the Sanstha, who were entitled for the said amount. He submits that the applicant has produced vouchers showing such payment being made by her. Mr Saste, learned APP, on instructions, submits that all members of the society, to whom that amount was expected to be paid, have not been paid by the applicant. Mr Mundargi submits that, without prejudice, the applicant is prepared to deposit three lacs of rupees with the police for making payment either to the members directly or through the Sanstha. He further 3 3 3 submits that after making payment to the members,ifany the balance amount may be paid to the applicant. Having considered overall facts and circumstances of the case and considering that the applicant has reported to the concerned police station and has also cooperated with the investigation in pursuance of the order of this court, I am satisfied that the following order shall meet the ends of justice. (a) The applicant shall deposit the amount of Rs.Three lacs by cheque/DD with the investigating officer, which the investigating officer shall deposit in Bank Account, maintained by the police station, if any, or he may open a separate Bank Account and keep the said amount in that account. This payment be accepted without prejudice to the rights and contentions of the applicant and subject to outcome of this proceedings. The trial Court shall pass appropriate order while disposing of the trial in respect of this amount. If it is found that the applicant has already paid monies to the members, as claimed by her, she would be entitled to claim either the entire amount deposited by her or the balance, as the case may be. It is open to the Sanstha/members to apply to the court seeking appropriate relief in respect of the amount and if any 4 4 4 such application is made the trial Court shall pass appropriate orders in accordance with law. (b) In the event of arrest, the applicant be released on bail in the sum of Rs.15000/- with one or two sureties to make up the said amount subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station on every Saturday between 10 am and 11 am for a period of 90 days from today or till filing of the chargesheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)