1 Criminal Application No.4671/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4671 OF 2010 Ravindra s/o Bhagwat Jawale ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.S. Shinde, Advocate for the applicant Shri V.B. Ghatge, A.P.P. for respondent/State ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th December, 2010 PER COURT : 1. Heard Mr. Shinde and learned A.P.P. This is the fifth consecutive application seeking release of the accused/ applicant on bail. 2. The allegations against the accused are infraction of Sections 409, 420, 464, 468, 471, 120(B) read with Section 34 of the Indian Penal Code. The accused is also charged with contravention of Section 146(D) of the Maharashtra Cooperative Societies Act, 1960. 3. On 29.9.2006, the auditor submitted report about Faizpur Merchants Cooperative Credit society Ltd., which gave rise 2 Criminal Application No.4671/2010 to the lodging of the F.I.R. dated 8.10.2007 vide Crime No.57/2007. The accused was one of the 14 persons, the Directors of the said Society. The accused was arrested on 10.10.2007. He was initially in police custody remand, then he is in magisterial custody. Charge sheet is filed on 18.1.2008 against all the 14 accused. 4. It is informed and not in controversy that the 13 accused/ suspects are on bail. The present exercise is mainly on the ground of violation of fundamental rights of the accused/ applicant under Article 21 of the Constitution of India for right to freedom and liberty as enshrined by the Constitution of India. 5. This Court had on earlier occasion, while deciding Bail Application No.2122/2009, by order dated 24.8.2008, directed the learned Chief Judicial Magistrate, Jalgaon to commence the trial within three months, with a liberty to the applicant to move this Court if it is not so adhered to. However, since the trial could not commence in the time schedule, the accused/ applicant moved this Court. After framing charge, those accused challenged the said charge before the first appellate Court where also it is negated. 6. The fact remains that the accused/ applicant is in custody for more than three years. The gravity in the state of affairs of embezzlement against the accused is writ large. It is informed, 3 Criminal Application No.4671/2010 his properties are under charge of the said Cooperative Credit Society. The grievance of Mr. Shinde is, one of the property worth a Crore is disposed of by the Society for a paltry sum of Rs.8,00,000/-. This, according to him, could happen only due to fetters of the accused/ applicant. He says, had the applicant/accused been on bail, he could have got a customer for hoppingly high price. Mr. Shinde has a grievance, due to this exercise, the accused is financially put to mess, the sole reason being his custody. 7. Though these aspects flow from record, however, it is difficult to opine that the property was sold at a throw away price, as same is under contemplation of challenge from the accused. 8. During the course of submission, it revealed that this is the only case pending against the accused, he has no criminal antecedents nor he has anything to his credit to despair and destruct the record of the Bank. All the record has been taken charge by the auditor and indeed furnished to the Court. The witnesses even if travel to subvert the cause, the record will speak for itself which is voluminous in itself. The law declared by the Apex Court in the case of Amit Jogi Vs. State of Chhattisgarh & anr. (2006 Criminal L.J. 3349) comes to the rescue of the accused/ applicant for releasing him on bail due to protraction of the trial not at his fault. The matter is now fixed before the learned Chief Judicial Magistrate, Jalgaon on 4 Criminal Application No.4671/2010 24.12.2010. 9. Survey of above details illustrate, though the role prima facie played by the accused in duping the Society is materially surfacing, however, time of three years in custody warrant the release of the accused as proceedings are dragged without attribution of his connivance. Hence, order : O R D E R i) The accused/ applicant be released on furnishing P.R. Bond and surety in the sum of Rs.50,000/- (Rupees Fifty thousand) to the satisfaction of learned Chief Judicial Magistrate deciding R.C.C. No. 32/2010 styled as “State Vs. Ravindra Jawale + 13”. ii) The accused/ applicant shall not alienate/ transfer the property, subject of controversy, with the Credit Cooperative Society unless there is specific permission from the Officer Incharge of the Credit Cooperative Society and such sale proceeds shall necessarily be credited as against the liability of the accused / applicant with the said Credit Cooperative Society. iii) The deposits lying with the Credit Cooperative Society shall remain intact, they will be subjected even to renewal even after maturity, however, will not be released in favour of the accused/ 5 Criminal Application No.4671/2010 applicant or his wife and sons, till conclusion of trial or under permission of the learned Chief Judicial Magistrate. iv) Accused/ applicant shall pay and deposit directly with the Credit Cooperative Society an amount of Rs.10,00,000/- (Rupees Ten Lacs) up to 14th March 2011. This deposit shall be subject to accounts. If the accused/ applicant fails to comply, the liberty as referred above, shall automatically come to an end. v) The accused/ applicant shall not leave the jurisdiction of Jalgaon Court without permission of the learned Chief Judicial Magistrate. vi) The accused/ applicant shall not tamper or coerse/ induce any witness in any manner whatsoever. Any grievance from the witness shall entail in cancellation of the bail. 10. Application allowed in above terms. K.U. CHANDIWAL JUDGE fmp/cri4671.10