1 BA-1306-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1306 OF 2011 Shri Subash Sasvanappa Lature ... Applicant (Orig. accused NO.3) vs. State of Maharashtra ... Respndent Mr. Prashant G. Bandole,Advocate, for the applicant. Mr.Y.M.Nakhawa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th November, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The applicant seeks to be released on bail in Crime No.210/08 registered with Jail Road Police Station, Solapur, for the offences under Sections 408, 409, 420 read with Sec.34 of IPC. 3. To state in brief, the applicant was the Chairman while his wife was Secretary of “Jayshree Maagas Vargiya Yantramag Audyogk Utpadak Sanstha Mar.” a C-op. Society of the weavers for the period from 26.2.2001 to 7.8.2002. During the audit of the accounts for the period from 1.4.1999 to 31.3.2005, it was 2 BA-1306-11.sxw revealed that earlier Chairman and Secretary had misappropriated the property worth Rs.6, 72,372/- and the present applicant had misappropriated the property worth Rs.33,25,360/-. It included the machinery, raw materials, etc. of the Society. The report was lodged by the Auditor on 28.5.2008 and the offence came to be registered. The applicant seeks bail on the ground that remaining accused persons have been granted bail. According to the learned Counsel, the investigation is completed and the charge sheet is also filed. 4. On perusal of the record, it appears that the machinery, raw material and the final product worth Rs.33,25,360/- were actually disposed of and misappropriated by the present applicant when he was Chairman of the Society from 26.2.2001 to 7.8.2002. It appears that due to mismanagement and misappropriation, the Society went into losses and therefore administrator was appointed. The applicant failed to hand over the possession of the machinery and the other material to the administrator. It appears that during investigation, on the basis of the information given by the accused, it was revealed that he had sold away certain machines to Jackard Machines. 8 such machines were recovered by the police. Taking into consideration the nature of offence, prima facie, it is clear that the applicant as Chairman of the Society had illegally disposed of the machinery and other material of the Society and misappropriate the same. It also 3 BA-1306-11.sxw appears that for purchase of the said machinery the Government had provided funds to the society and the Society had executed certain documents pledging the property to the Government. In view of the nature of offence, in my opinion, it is not a fit case to grant bail to the applicant. There is possibility that if bail is granted, he may either abscond or try to tamper with the prosecution evidence. 5. Therefore, the application stands rejected. (J.H.BHATIA,J.)