{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2540 OF 2010 WITH CRIMINAL APPLICATION NO.2607 OF 2010 WITH CRIMINAL APPLICATION NO.2692 OF 2010 xxx --- xxx CRIMINAL APPLICATION NO.2540 OF 2010 Dinanath @ Dinkar s/o Ramchandra Deshmukh APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. H.F.Pawar, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... WITH CRIMINAL APPLICATION NO.2607 OF 2010 Harchand Shivram Bhangale APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. P.B.Shirsath, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... {2} WITH CRIMINAL APPLICATION NO.2692 OF 2010 Milind s/o Dayaram Waykole & Another APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. H.F.Pawar, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 22nd July 2010 PER COURT: 1. By the present application, the applicants, who are Vice Chairman and Members of the Managing Committee of the Tapi Urban Cooperative Credit Society, Savada, have prayed to release them on anticipatory bail in the event of their arrest in connection with a private complaint lodged by one of the depositor of the said society before JMFC, Yaval on 17th March 2010 bearing Criminal Miscellaneous Application No.35/2008. In the said private complaint an order for investigation u/s 156 (3) of the Criminal Procedure Code is passed on 17th March 2010. 2. As all the three applications arise out of the same private complaint, the same are being disposed of by this common {3} order. 3. Heard learned counsel for the respective applicants followed by learned APP. Perused the papers of investigation. 4. The status of the applicants, as Vice Chairman and Members of the Managing Committee of Tapi Urban Credit Cooperative Society is not disputed. Papers of investigation disclose that an audit of the said credit society was conducted for the period from 1st April 2005 to 31st March 2006. The said audit was conducted by Government Auditor and the same was completed on 15th October 2007. Accordingly, a report was submitted to the concerned DDR on 24th December 2007. It further appears that after examining the report of the audit, the DDR noticed certain irregularities in respect of financial transactions of the said credit society. Consequently, directions were issued to lodge a complaint against all the members of the said credit cooperative society and concerned persons who are responsible for mismanagement. It appears that on 22nd July 2008, accordingly the compliant came to be lodged against the present applicants and others with Savada police station and on the basis of the said complaint, an offence at CR No.53/2008 was registered for an offence punishable u/s 420, 406, 408, 409 r/w 120-B of the Indian Penal Code with sections 70 (5), 76 (9) A and B of the Maharashtra Cooperative Societies Act. It further appears that after completion of the investigation in the said offence, charge sheet was filed before JMFC, Raver on 10th {4} August 2009 and the case was numbered as RCC No.115/2009. It also appears that all the accused persons except accused No.4 and 10 were arrested and subsequently released on regular bail. 5. It is brought to the notice of this Court that the private complaint, lodged before the learned JMFC, Yaval is an offshoot of the illegalities and irregularities noticed in the audit of the said credit society for which offence at CR No.53/2008 of Savda police station was registered. It is also brought to the notice of this Court that though the compliant was lodged on 17th March 2010, yet administrator is appointed on the said credit society. Thus, after 22nd July 2008 the administrator is looking after the functioning of the said society and its branches and the administrative control of the said society is with the administrator appointed by the Government. 6. In the private compliant, the complainant has alleged that he had deposited certain amount in four Fixed Deposit Receipts on 18th September 2006 and the date of maturity of the same was 3rd November 2006, however, inspite of repeated requests the same was not given to him by the society. 7. It is contended by learned counsel for respective applicants that during the audit of said society, the entire record of the society was examined and when certain illegalities and irregularities noticed, the complaint was lodged where the {5} applicants were arrested and subsequently released on bail. It is, therefore, contended that whether for the same grounds and on same allegations, custodial interrogation of the applicants is required. In law, for the same grounds / reasons / allegations, there shall not be further custodial interrogation, if another complaint is lodged and allegations of which are already investigated in previous crime. In the premise, case is made out to enlarge the applicants on anticipatory bail in exercise of discretion vested in this Court. 8. Consequently, all the three applications are allowed. Interim protection granted in favour of applicants in Criminal Application No.2607/2010 and 2692/2010 is hereby confirmed and the same to remain in force till filing of the charge sheet. The applicant in criminal application No.2540/2010 be enlarged on bail in the event of his arrest in connection with RCC No.35/2008 pending on the file of JMFC, Yaval, on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicants are directed not to misuse the liberty. Accordingly, all the applications stand disposed of. [A.V.POTDAR, J.] drp/B10/criapln2540-10