1 aba282.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.282 OF 2011 (RAMESH NAMDEORAO SONTAKKE//VS// STATE OF MAH. THR. SUPERINTENDENT, KHAMGAON, DISTT. BULDANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Anil S. Mardikar, Advocate for Applicant. Mr. S.S.Doifode, A.P.P. for Respondent/ State. CORAM : M.N.GILANI, J. DATED : DECEMBER 19, 2011. Heard both sides. This is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is an accused in Crime No.86 of 2011, registered with Police Station, Khambaon under Sections 406 and 408 read with Section 34 of the Indian Penal Code. It is alleged that Gajanan Nagri Sahakari Society, Khamgaon accepted deposits from the members of the society and in turn disbursed loans to various needy members. During the audit conducted relating to the transactions in the year 2006 to 2009 various irregularities were found and on that basis first information report was lodged. As a result of irregularities committed by the directors, society suffered losses and now is not in a position to repay the amount of deposits of the various members amounting to Rs.three crores twenty lacs. The case of the applicant is that he is ex- serviceman and co-opted as Director on 11th May, 2006 and held such position till 14th July, 2008. During his tenure he 2 aba282.11.odt attended five meetings. Only in the meeting dated 07.07.2006 two loans of the amount of Rs.15,600/- and Rs.13,600/- were disbursed. According to the learned counsel for the applicant loan of Rs.13,600/- has been repaid by the borrower. My attention is invited to second proviso to sub- section (1-AB) of Section 73 of the Maharashtra Co-operative Societies Act, 1961. Considering the role attributed to the applicant, which prima-facie does not show that he illegally favoured the borrower. Hence, the application will have to be allowed. The application is allowed. The applicant is directed to be released on bail, in the event of his arrest in Crime No.86/11, registered with Police Station, Khamgaon for the offence punishable under Sections 406, 408 read with 34 of the Indian Penal Code on his executing P.R. Bond in the sum of Rs.twenty five thousand with one solvent surety in the like amount with a condition to attend the concerned Police Station as and when called by the Investigating Officer. JUDGE RR..