1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.566/2009 AND CRIMINAL APPLICATION NO.596/2009 Bhagwan son of Shriram Narwade ...Versus... The State of Maharashtra through Police Station Officer Mahagaon, Tahsil Mahagaon, District Yavatmal -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri J.Y. Ghurde, Adv. for applicant] [Shri D.B. Patel, APP for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 19.03.2009 I have perused the case diary that was supplied by the learned A.P.P.. Perusal of the F.I.R. shows that there was challenge in this Court by way of writ petition to the appointment of administrator. That challenge failed inasmuch as this Court dismissed the writ petition. Accordingly the administrator was supposed to administer the sale purchase society. It appears that the administrator thereafter withdrew the huge amount from the account of sale purchase society. 2 Allegation made by the Assistant Registrar is that his signature as well as letter was forged for withdrawing the amounts and admittedly the withdrawal was made by the administrator. It is reported that administrator has already been arrested and he is on bail. Applicant in Criminal Application No.566/2009 is the Manager of sale purchase society, who is obviously under administrator, but then had absolutely no power to act when the administrator was functioning. Hence, I do not find prima facie any major role played by the applicant in Criminal Application No.566/2009 in the alleged offence. In so far as applicant in Criminal Application No.596/2009 is concerned, he is the Manager of the bank, who has allowed withdrawal of the amounts. Whether or not he acted on the forged letter and whether he had knowledge about the forgery are the matters, for which no police custody is required. Hence, I make the following order. Both Criminal Applications are allowed. Applicants in both applications be released on anticipatory bail upon furnishing P.R. Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with one surety each in like amount, in the event of arrest in Crime No.15/2009 for the offences punishable under 3 Sections 420, 467, 468, 471 r/w 34 of the Indian Penal Code of Police Station Mahagaon, District Yavatmal. Both applicants shall attend the investigation and shall cooperative with the Investigating Officer. Both applicants shall attend the police station Mahagaon, District Yavatmal on every Sunday between 11:00 a.m. to 5:00 p.m.. It is made clear that observations made in the order are only for the purpose of deciding these applications. JUDGE ssw