1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4415 OF 2010 Balasaheb S/o.Damodhar Gholap, Age-41 years, Occu-Agriculturist, R/o.Kotul, Tq.Akole, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.4421 OF 2010 1. Sadashiv S/o.Gopalrao Pokharkar, Age-47 years, Occu-Service, 2. Ramnath S/o.Madhav Arote, Age-50 years, Occu-Agriculturist, 3. Somnath S/o.Dinkar Pawale, Age-40 years, Occu-Agriculturist, All are R/o.Kotul, Tq.Akole, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra and another RESPONDENTS WITH CRIMINAL APPLICATION NO.4450 OF 2010 1. Ramesh Sadashiv Nevaskar, 2 Age-57 years, Occu-Agriculturist, 2. Dr.Subhash Keshav Soman, Age-65 years, Occu-Medical Practitioner, 3. Nilima Subhash Soman, Age-61 years, Occu-Household, 4. Vimal Sharad Deshmukh, Age-50 years, Occu-Household, All are R/o.Kotul, Tal.Akole, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra and another RESPONDENTS WITH CRIMINAL APPLICATION NO.4490 OF 2010 1. Sakharam S/o.Tukaram Fulsaunder, Age-79 years, Occu-Nil, 2. Bijlabai W/o.Harishchandra Faulsaunder, Age-55 years, Occu-Household, Both R/o.Kotul, Tq.Akole, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.S.K.Shinde, learned counsel for the applicant in first application. Mr.R.N.Dhorde h/f. Mr.S.B.Jadhav, learned counsel for applicants in second application. Mrs.S.S.Jadhav, learned counsel for applicants in third application. Mr.V.S.Bedre, learned counsel for applicants in fourth application. 3 Mr.B.V.Wagh, learned A.P.P. for respondent State in all applications. (CORAM : A.V.POTDAR, J.) DATE : 29/10/2010 PER COURT : 1. Applicants in all these applications have approached this Court for pre-arrest bail, in the event of their arrest in connection with CR No.99/2010, registered at Akole Police Station, of Dist. Ahmednagar. 2. As all these applications arise out of the same CR, all the applications to be disposed of by way of common order. 3. It is not under dispute that the applicant in Cri.Appl.No. 4415/2010 was Director during the period of 01/04/1997 to 31/03/2001. Applicant no.1 and 2 in Cri.Appl. No.4421/2010 were directors during the same period, while applicant no.3 was the Manager prior to the year 1997. Applicants in Cri.Appl.No. 4450/2010 were the Directors during the period of 02/12/1996 till 31/03/2001. Applicants in Cri.Appl.No.4490/2010 is filed by the 2 persons, who were the directors during the period 03/03/1995 to 31/03/1996. All these applicants were the Directors of the Patsanstha, known as Priyanka Gramin Bigarsheti Sah.Patsanstha, Kotul, Ta.Akole, Dist. Ahmednagar. Audit of this Patsanstha was conducted for the period of 01/04/2000 to 31/03/2001. According to the Auditor, these directors are collectively and jointly responsible 4 for the mis-appropriation of the amount of Rs.23,73,882/-. As per the complaint of the Government Auditor, Co-operative Societies Shivaji Deoram Nighute, before the complaint was lodged, and after audit was over, the society had gone in liquidation somewhere in the year 2007. After that, Administrative was appointed and inquiry was conducted u/s. 88 of The Maharashtra Co-operative Societies Rules and bye laws thereunder. On 21/08/2007, the Patsanstha was gone in liquidation. This order came to be passed by The Assistant Co- Operative Officer. Thereafter, an inquiry was conducted and initiated against 16 directors and 5 employees of the said Patsanstha. During the inquiry, individual and total liability was saddled against the 16 directors total in the sum of Rs.16,49,695/- and against the employees in the sum of Rs.6,70,147/-. Alongwith the application 4421/2010, this inquiry report is annexed with at Page no.37 onwards. The chart of the individual liability saddled against the individual director find place on page no.53 and 54 of the compilation to the tune of Rs.16,49,695/- Out of this liability, the liability against the applicants in Cri.Appl.No.4415/2010 is shown in the sum of Rs.93,840/- It is stated across the bar by learned counsel appearing for the applicants in Cri.Appl.No.4415/2010 that he has received instructions to the effect that this applicant will deposit the amount within the period of 3 weeks from the date of the order. 4. As per this chart, out of the 3 applicants, liability of applicant Pokharkar Sadashiv Gopalrao is to the tune of Rs.2,323/- and it is informed that this amount was deposited by this applicant, even 5 prior to the filing of the application, and it is not under dispute. So far as applicant in Cri.Appl.No.4450/2010 are concerned, their names appear at Sr.No.1 and Sr.No.12 to 14. It is informed that these applicants have deposited the amount shown against their names and photo copies of the receipts of the deposit of these amounts are annexed with Cri.Appl.No.4450/2010. 5. Out of 2 applicants in Cri.Appl.No.4490/2010, liability is shown against the applicant Phulsundar Sakharam Tukaram in the sum of Rs.93,840/-. He has deposited this amount prior to the filing of the application and photo copy of the said deposit receipt is annexed with at Page No.29 alongwith the interest on the said amount. 6. Heard respective counsels for the parties and learned APP for State. Alongwith Cri.Appl.4421/2010, reference is given about the earlier offence registered against one Annasaheb Sampat Bele, who was working as a Manager in the said Patsanstha vide CR No. 58/2002. This offence came to be registered on the complaint of one Ibrahim Babumiya, Special Auditor, Co-operative Societies, as during the audit period, 01/04/2000 to 31/03/2001, this Annasaheb Bele and 2 others have mis-appropriated the amount in the sum of Rs. 6,70,147/- which find place at page no.54, the report of inquiry at page no.54 alongwith Cri.Appl.No.4421/2010. It is brought to the notice that in the said audit, entire record of this Patsanstha was seized alongwith all the relevant documents under the panchnama, 6 of which copy is annexed with. Thus, according to these applicants, the amount of liability as shown against them, individual as well as collective, they have deposited the said amount in their individual capacity, which shows their bonafides. In the premise, it is urged that now the entire record is in the possession of Investigation Agency. The amount, which is allegedly mis-appropriated by them, is already deposited by them, which shows their bonafides and no intention to grab the funds. Hence all the applicants prayed for their release on pre-arrest bail. The record produced on behalf of prosecution also supports this contention. Considering these aspects, custodial interrogation of the applicants is not required, subject to they have to give attendance to the Investigation Officer as and when required. With this, following is the order : All the applications are allowed. The applicants be released on bail, in the event of their arrest, on their furnishing surety in the sum of Rs.20,000/- each and on their furnishing the PR bonds in the like amount. So far as applicant in Cri.Appl.No.4415/2010 is concerned, this protection is granted to this applicant, in the event he will deposit the due amount in the sum of Rs.93,840/- within the period of 3 weeks from the date of this order. If he failed to deposit this amount within the stipulated period, the order today passed in favour of him, will automatically cancel without any clarification. It is made clear that this protection is granted to all the applicants till filing of the charge sheet. In the meantime, all the applicants to give attendance to Akole 7 Police Station of Dist.Ahmednagar, as and when required, on written intimation by the Investigation Officer concerned. All the applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.4415-10