{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2471 OF 2010 Deepak Jagdish Thakkar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. S.P.Shah, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th August 2010 PER COURT: 1. By this application the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.239/2007 registered with Azad Nagar police station, Dhule. 2. Heard learned counsel for the applicant followed by learned APP. 3. This offence is registered on the complaint of Additional Special Auditor Class-II, Cooperative Societies on {2} 30.11.2007. The said complaint was lodged against all the members of the managing committee of the Kirana Bhusar Vyapari Nagari Sahakari Patsanstha Maryadit, Dhule. The complaint as well as the papers of investigation disclose that the present applicant was member of the managing committee of the said society since 04.12.2003. It appears that audit of the said cooperative society, for the period 2005-06, was conducted in the year 2007 and was completed on 03.11.2007. During the said audit, certain irregularities were noticed such as certain loans were disbursed to the persons who are not in existence and huge amount of interest is waived by the managing committee. Though the present offence is registered against all the 14 directors of the said society, yet except the present applicant, all are released either on anticipatory or regular bail. Allegations against all the accused are general. Specific allegation against the present applicant is that at his recommendation loan of Rs.50,000/- each was granted to 3 persons. From the material on record, it is not clear as to whether the said loan is recovered or not or any proceedings is initiated for recovery of said or not. Learned APP has alleged that the other directors are released on bail after their interrogation and whether the applicant is responsible for the loss incurred to the said society or not can be gathered only after interrogation of the applicant and investigation in this respect is still in progress. It is also urged that charge sheet has also not been filed and hence learned APP has asserted that the custodial interrogation of the applicant is necessary to unearth the truth about fictitious accounts. I am not {3} in agreement with this submission that custodial interrogation of the applicant is necessary for this purpose. It is not the case of the prosecution that the present applicant is responsible for disbursement of loan to the fictitious loan accounts. In the premise, case is made out to enlarge the applicant on anticipatory bail in exercise of extra ordinary discretion vested in this Court. 4. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.239/2007 registered with Azadnagar police station, Dhule, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant is directed to attend the concerned police station on every Tuesday and Friday between 12.00 noon and 3.00 p.m. till filing of the charge sheet. The applicant is at liberty to apply for relaxation of this condition after filing of the charge sheet. Application stands disposed of accordingly. This protection is granted till filing of the charge sheet. [A.V.POTDAR, J.] drp/B10/criapln2471-10