1 Cri.Appln.No.1019/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1019/2011 (Dattatraya Shankar Shimpi and Anr. Vs. The State of Maharashtra ) with CRIMINAL APPLICATION NO.1390/2011 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Mr. PS Shendurnikar, Adv. for Applicants; Mr. VH Dighe, APP for State. Mr.DB Thoke, Adv. To assist APP *** CORAM: K.U.CHANDIWAL ,J. DATE : 30 th March, 2011. ... 1) Heard. Mr.BS Deshmukh desires discharge as learned Counsel Mr.Shendurnikar has filed power on behalf of the accused/applicants. 2) Mr.Thoke, by Criminal application No.1390/2011 has urged to allow to assist APP. Considering the nature of accusations, application to assist APP allowed. 3) Heard Mr. Shendurnikar for the applicants/accused. 4) Accused/applicant no.1 was Manager while accused/applicant no.2 was Chairman of Chalisgaon Taluka Cotton Growers Service Cooperative Society Ltd. at Mehunbare. 5) The so­called mishap in the said society is allegedly has taken place way back in 1996­1997, which has been audited. There were irregularities in the management of the said society. Thereafter a Liquidator was appointed. By virtue of an acknowledgement dated 17.12.2006, relevant record, which was with applicant no.1 Dattatraya Shimpi was handed over to – the liquidator against an acknowledgement. 6) The grievance of learned APP and Mr.Thoke is, this 2 Cri.Appln.No.1019/2011 acknowledgement of record does not refer to the events of 1996­1997. However, I find the ledger for the period from 2.9.1996 to 31.3.2001, is handed over to the liquidator including audit memo. It may be, few of the record, which was subject of the ledger is with either accused/applicant no.1 or applicant no.2, for that purpose, considering their age, to be 73 years and 85 years respective, custodial interrogation not desirable. Hence, order. 7) In the event of arrest of the applicants/accused in crime No. 9/2011 dated 20th January, 2011 with Mehunbare police station, Tq. Chalisgaon, the accused/applicants be released on their furnishing a PR bond and a surety in the sum of Rs.10,000/­ (Rupees ten thousand) each. 8) Applicant No.1 Dattatraya Shimpi to continue to attend the – Investigator on every Sunday between 3.00 to 6.0 p.m. till 31st May, 2011. 9) The applicants shall ensure to produce corresponding record, which is reflected in the Ledger for the period 1996­1997, if it is with the applicants. The applicant is at liberty to inform whereabouts of such record for the aforesaid period. 10) In addition, whatever record, claimed by the liquidator, if available with the accused/applicants, it shall be scrupulously adhered to or if not available, a written explanation for that should be offered. (K.U.CHANDIWAL) JUDGE bdv/