IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3881 OF 2008 CRI.APPLICATION NO.3881 OF 2008 CRI.APPLICATION NO.3881 OF 2008 1.Shri Ashok Adagonda Patil, 2.Shri Ashok Appa Chaugule, 3.Shri Vijaykumar Dada Patil, 4.Shri Anna Gurappa Khole, 5.Shri Sanmukharao Govindrao Ghorpade, 6.Shri Appa Soma Gawade, 7.Shri Pandurang Tatoba Kamble, ..Applicants Vs The State of Maharashtra, Respondent Mr Vijay Killedar, for the applicants. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 20/11/2008 DATE : 20/11/2008 DATE : 20/11/2008 PC: PC: PC: 1. Heard Mr.Killedar, learned counsel for the applicant and Mr.Yagnik, learned APP, for the State. 2. The applicants are seeking bail in C.R.No.97 of 2008 of Jaysingpur police station, Dist.Kolhapur. The said crime has been registered against the applicants and eleven others for having allegedly committed an offence punishable under sections 406, 420 r/w 34 of the IPC. The applicants are Directors of Dharmanath Nagari Sahakari Pat Sanstha, Jaisingpur, Dist.-Kolhapur. 3. The offence in the present case has been registered on the basis of an FIR lodged by the Auditor, Co-operative Department, on 30.9.2008 against all the accused persons, on the basis of the Auditor’s report dated 30.11.2007. It is alleged that during the period between 1.4.2005 and 31.3.2006 all the accused, who were members of the Board of Directors at the relevant time, committed several illegalities/irregularities in sanctioning the loans to undeserving persons and have caused loss to the credit society of Rs.3.75 crores. It is further alleged that the accused sanctioned loans in favour of their relatives and friends, without following the due procedure and without verifying their repayment capacity and as a result of which the credit society could not recover the loans/interest from the borrowers. Prima facie, I am satisfied that the applicants have committed the offence under sections 406 and 420 of IPC. 4. I have heard learned counsel for the applicant and learned APP for quite some time and with their assistance have gone through the entire material placed before the Court. The evidence consists mostly of documents, which are already in possession of the investigating agency. I am satisfied that there is no likelihood of the accused absconding or misusing liberty. Merely because prima facie case is made out against the applicant, that itself cannot be a ground for rejecting the application for bail. In the case, like one in hand, what is important is to see whether public money can be secured by imposing further conditions on the applicants. 5. Counsel for the applicants have filed affidavits dated 19.11.2008, giving details of immovable properties standing in their names and stating that they shall not dispose them off or create third party rights during pendency of these proceedings and the proceedings initiated under the provisions of the Maharashtra Co-operative Societies Act to fix liability against the applicants. Their affidavits are taken on record and marked "X-1 to X-7" for identification. Statements made in the affidavits and the undertakings given therein are accepted. Having considered the affidavits and overall facts and circumstances of the case, I am inclined to grant bail to the present applicants. Hence, the following order. . All the applicants to be released on bail in C.R.No.97 of 2008 of Jaysingpur police station, Dist.Kolhapur, in the sum of Rs.50,000/- each, with one or two sureties in the like amount, subject to condition that they shall report to the concerned police station as and when called. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)