1 Cri.Appln.No.429/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.429/2011 Ashwini w/o Amol Jadhav - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mr.NB Narwade, Advocate for Applicant; Mr.VH Dighe, APP for State. Mr.NV Gavare, Adv. For complainant ----- CORAM : K.U.CHANDIWAL, J. DATE : 5th April, 2011. PER COURT : 1) Heard finally. 2) The female accused/applicant seeks protection in terms of section 438 of Cr.P.C. in connection with Crime No.I-423/2010 initiated at the instance of – Rajkumar Kamble, Branch Manager of Ahmednagar District Central Cooperative Bank Ltd., Ahmednagar, branch at Kedgaon (for short, ADCC Bank, at Kedgaon). 3) The grievance of the complainant was, there was a current account of Mahalaxmi Mazoor 2 Cri.Appln.No.429/2011 Sahakari Sanstha Maryadit, Nimgaonwagha, being Account No.17, opened on 10.12.2000, under the specimen signatures of eight named persons, being so approved, vide Resolution No.5 dated 10.12.2000. The powers though were with Sanjay Parasram Patil and Smt. Baby Sanjay Patil, the situation is sought to be changed by virtue of production of another resolution being Resolution No.5 dated 30.09.2009 with changed members and vesting powers in the present applicant/accused – Ashwini, the Secretary – Meera Asaram Berad, or in their absence, Vice President – Kiran Bhaskar Pawar. Based on such proposal sent to the Bank, cheques, totaling worth Rs.44,40,960/- were released from 10.12.2009 to July-2010. The grievance of the complainant is, Resolution dated 30.09.2009 was false and the stamps were falsely prepared. 4) The learned Counsel Mr.Gavare, representing the complainant, opposing the application, submits that the complainant himself is a victim of the situation, as he has been named as accused during investigation and undergone fetters. The earlier chairman – Sanjay Patil and others had also faced custody. The Counsel submits, without any authority and in spite of knowledge that such move of change of managing committee or change of address of 3 Cri.Appln.No.429/2011 committee from Nimgaon to Burhanagar, being not approved, the application/resolution was tendered to the Bank and the amount, referred above, was withdrawn. 5) In ground no.4 of the petition, the applicant submits that whatever amount referred above was withdrawn, it has been appropriated by disbursing the same to the individual member of the Mazoor society as against the works carried by the said members and nobody, as yet, has made any grievance. I find substance to this aspect. 6) Though the nature of the works, which are referred, appears to be an eye-wash, however, it is for the authorities to conduct separate investigation, as at some places, the pipeline is allegedly laid in private property at the costs of the Government, which is not permissible. 7) Learned Counsel for the accused/applicant has blamed the sitting MLA and submits, that there is no hijacking of powers of the society, but it was the mentor, the MLA, who has activated all these events by using his power and position, as a member of the above referred bank. According to learned Counsel, Amol Jadhav, husband of the present applicant, was Personal Secretary of the MLA, there was dispute over 4 Cri.Appln.No.429/2011 kerosene dealership, for which, several offences are registered, two of them being No.206/2010 and 469/2010 and according to him, present affairs are nothing but to take revenge and to cause violence to the above referred efforts by Amol Jadhav. 8) At this stage, without adverting to these aspects, it is more than clear that unless some influential person, may be the MLA, plays role, such mishap and misappropriation, could not have been taken place with the Bank. In spite of these odds, the amount being properly paid, as is primarily seen, the entire record being with the Investigator, the principal accused, who has played predominant role, being put in fetters and released, custody of the applicant/accused not warranted. Hence, order. 9) In the event of arrest of the applicant/accused – Smt. Ashwini w/o Amol Jadhav, she be released on her furnishing PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand). 10) The applicant/accused shall produce the documents, if any, in her custody, if specifically so commanded. The accused/applicant shall also inform the Investigator, the other 5 Cri.Appln.No.429/2011 members in the net, who have been benefited by either withdrawal of Rs.44,00,000/- or by taking the resolutions. 11) Criminal Application is disposed of. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/