[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO. 2127 OF 2008 Smt.Indubai Sharanappa Kamble and Anr. ..Applicants Vs. The State of Maharashtra & Anr. ..Respondents ... Mr.Satish B.Khatal Patil Advocate for Applicants Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No.210 of 2005 of Jail Road Police Station, Solapur. The said case is mainly under Sections 408 and 420 of IPC. 3. The prosecution case is that applicant no.1 was the Chairman in Co-operative Society and applicant no.2 who was working as Secretary in the Co-operative Society. They were the Chairman and [-2-] Secretary during the period from 1.4.1999 to 25.2.2001. Audit of the said society was conducted and it was found that the applicants and others have misappropriated funds of the society. It is seen in the year 1999 when both the applicants were holding posts of Chairman and Secretary of the society, they have purchased various items by paying cash and no bills or receipts in respect of the said purchases were found with the society. On 14.4.1999, 24.5.1999 and 18.8.1999 it was shown that the applicants had purchased electrical goods. The nature of the electrical goods is not reflected anywhere. There is no bill or receipt in respect of purchase of the said goods. Thereafter on 18.7.1999, 19.9.1999, 23.9.1999 and 27.9.1999 the applicants have purchased thread. On 18.7.1999 the thread was purchased for an amount of Rs.42,000/-, on 19.9.1999 the thread was purchased for an amount of Rs.34,000/-, on 23.9.1999, the thread was purchased for an amount of Rs.85,000/- and on 27.9.1999, the thread was purchased for an amount of Rs. 1,20,000/-. There are no bills or receipts in respect of the said purchases of thread. It is seen that thread has been purchased of the value of over 2.5 lakhs. As stated earlier, no bills or [-3-] receipts are on record in respect of the said purchases. The material on record is such as to point out an accusing finger towards the applicants. The Apex Court has observed in the decision of Directorate of Enforcement Directorate of Enforcement Directorate of Enforcement Vs.P.V.Prabhakar Rao reported in 1997, SCC (Cri.) Vs.P.V.Prabhakar Rao reported in 1997, SCC (Cri.) Vs.P.V.Prabhakar Rao reported in 1997, SCC (Cri.) 978 978 978 that when the material gathered by the prosecution is such as to point out an accusing finger towards the accused, it is not a fit case to grant anticipatory bail to the applicants. 4. Application is rejected and disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]