1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) NO.191/2011. (Nilesh Mohan Kolte .Vs. State of Maharashtra thro. PSO PS Malkapur, District Buldhana) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Mardikar, Advocate for Applicant. Mr. S.S. Doifode, APP for Non-Applicant. .......... CORAM: M.N. GILANI, J. DATE: 08.06.2011. Heard both the sides. The applicant was employed with Malkapur People Nagrik Credit Society as Manager. He left the Society in April, 2008. The accounts of the society were audited in the year 2007. Accounts for the period 01.04.2007 to 31.03.2010 were inspected. It was noticed by the Auditor that the present applicant in the capacity of the Manager, and the Chairman of society had withdrawn the amount of Rs.1,66,000/- and out of that re-deposited only Rs. 50,000/-. They did not deposit remaining amount of Rs.1,16,000/- and the other item of Rs.4000/- on 10.05.2011. The First Information Report was lodged by the Auditor. Even assuming that the applicant/accused by joining hands with Chairman of the society 2 misappropriated the amount of Rs.1,50,000/-, the custodial interrogation of the applicant is unnecessary. Everything has been documented. Moreover, the applicant is not in the service of the society since April, 2008. If the applicant is directed to attend the Police Station it would serve the purpose. Application is allowed. In the event of arrest of the applicant/accused in Crime No.51/2011 he be released on furnishing P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) and one surety in the like amount subject to following condition. He shall attend the Police Station Malkapur, District Buldhana on each alternate day viz. Monday and Wednesday as and when called by the Investigating Officer till investigation is complete or charge-sheet is filed. JUDGE Nikhare