1 1 1 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 CRIMINAL APPLICATION NO.1505 OF 2009 CRIMINAL APPLICATION NO.1505 OF 2009 CRIMINAL APPLICATION NO.1505 OF 2009 Hemant Babulal Shah, .. Applicant Vs 1. The State of Maharashtra & Anr. Respondents. WITH CRIMINAL APPLICATION NO.1276 OF 2009 CRIMINAL APPLICATION NO.1276 OF 2009 CRIMINAL APPLICATION NO.1276 OF 2009 Umesh Brijdinesh Sharma .. Applicant Vs 1. The State of Maharashtra, .. Respondents. AND CRIMINAL APPLICATION NO.1277 OF 2009 CRIMINAL APPLICATION NO.1277 OF 2009 CRIMINAL APPLICATION NO.1277 OF 2009 Bhavana Shah .. Applicant Vs The State of Maharashtra, .. Respondents. Mr Rajendra Sorankar, for the applicants. Mr K.V.Saste, APP, for the respondent-State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 05.05.2009. DATED : 05.05.2009. DATED : 05.05.2009. P.C.: 1. Heard learned counsel for the applicants and learned A.P.P for the State. 2. The applicants in all the three applications are seeking anticipatory bail in MECR No.4 of 2008 of 2 2 2 Charkop Police Station, Mumbai. The crime has been registered against the applicants for having allegedly committed an offence punishable under sections 406, 420 r/w 120-B of IPC. 3. A private complaint was filed by one Sandip Bhadekar against the present applicants. The learned Magistrate passed an order under section 156(3) of Cr.P.C and in pursuance thereof the crime has been registered against the applicants. The basic allegations against the applicants are that they committed several irregularities and illegalities while conducting the affairs of the society and, thereby, caused loss to the society. It appears that the proceedings under section 80 of the Maharashtra Co-operative Societies Act have already been initiated by the concerned authority. 4. The applicants and their adult family members have filed undertakings in this court stating that they shall not sell or transfer the flats in their possession during pendency of these proceedings. Their undertakings are taken on record and marked "X-1, X-2, X-3, X-4,X-5, X-6 and X-7" for identification. The undertakings are accepted. 3 3 3 5. On the last occasion, the applicants were directed to report to the concerned police station and co-operate with the investigation. Mr Saste, learned APP, on instructions, submits that in pursuance of the order passed by this Court, the applicants did report to the concerned police station regularly and have cooperated with the investigation and now they do not require their custody. Keeping that in view and considering the nature of allegations and that the proceedings under section 80 have alrady been initiated by the concerned authority, in my opinion, custodial interrogation of the applicants is not necessary. Hence, I pass the following order. . In the event of arrest, applicants-Hemant Babulal Shah, Umesh Brijdinesh Sharma and Bhavana Shah to be released on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, they are directed to report to the concerned police station every Saturday between 10 am and 11 am for a period of 90 days from today or till filing of the chargesheet, whichever is earlier, except for the period between 4 4 4 15th May, 2009 and 3rd June, 2009. . 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 uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)