15crn2954-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2954 OF 2010 Dyaneshwar Ramchandra Waghule. ..Applicant. Vs. State of Maharashtra ..Respondent. .... Mr.Meghashyam Kocharekar, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 6TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of C.R. No.I-288 of 2007 registered with Dombivali police station for the offences punishable under Sections 420, 406, 408, 409, 477A read with Section 34 of Indian Penal Code. 2. The FIR is filed by the Government Auditor after ascertaining the malpractices committed by the office bearers 15crn2954-10 2 of one co-operative credit society during the period from April, 2005 till March, 2007. Admittedly, present applicant was office bearer/director of the said society since September 2006 till May 2007 and till effective period for the alleged fraud is only for six months. Though, allegedly there is defalcation of total amount of Rs.1 crores 34 lakhs and odd, the entire amount cannot be attributable to the present applicant considering his tenure as a Director for only six months. Otherwise also, the allegations against the present applicant and other respective Directors are of expending the amounts without there being any proper documentation as to not obtaining the bills/receipts, expending without there being any sanctions, showing expenditure without there being any purchase of furniture etc. 3. Apparently the investigation is based on mainly the documentary evidence. Reportedly six other accused persons, then Directors, were already arrested and released on bail. The FIR is of the year 2007 and investigation is still 15crn2954-10 3 continuing even after lapse of about three years. 4. Considering the above factual position, the circumstances do not warrant that present applicant is required to be interrogated while in police custody. On imposing certain conditions on the applicant i.e. to assist the investigation and to attend the concerned police station, would serve the purpose. In the result, present application is disposed of with following order :- :: O R D E R :: [i] Criminal Application No.2954 of 2010 for anticipatory bail is granted. [ii] In the event of arrest of the applicant - Dyaneshwar Ramchandra Waghule in C.R. No.I-288 of 2007 of Dombivali police station , he shall be released on bail on his executing a P.R. bond in the sum of Rs. 20,000/- (Rs.Twenty Thousand Only) with one surety for the like amount. 15crn2954-10 4 [iii] In the event of arrest and availing of bail, as above, the applicant shall attend the office of the Investigating Agency twice a week on every Monday and Friday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. The applicant shall also cooperate with the Investigating Agency. [iv] The trial Court shall not be influenced by any observations made in the present order so far as merits of the case are concerned. (A.R.JOSHI,J.)