1 cri4007.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4007 OF 2011 Sangita @ Ujwala W/o Harishchandra Londhe ..Applicant -VERSUS- The State of Maharashtra and another ..Respondents ..... Mrs. S.S. Jadhav, Advocate for applicant Mr. D.R. Korde, APP for respondents ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 29th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. This is an application preferred by the applicant seeking anticipatory bail apprehending her arrest, in connection with C.R. No. 266/2011, registered at Kotwali Police Station, Dist. Ahmednagar, for the offences punishable under Sections 177, 417, 420, 465, 468, 471 and 120B of the Indian Penal Code. 2 cri4007.11 3. It appears that the crime has been registered on the basis of the complaint lodged by complainant namely; Deoram Marutirao Barskar, the Statutory Auditor on 1st August, 2011. It appears from the contents of the said complaint that the applicant is the borrower of Sampada Nagari Sahakari Patsanstha Ltd., Chitale Road, Ahmednagar and obtained a loan of Rs. 2,00,000/- from the said society on 25.12.2001 and outstanding amount in the loan account on the date of filing of the complaint is Rs. 9,06,497/-. 4. On the face of the said position, Mrs. Jadhav, learned counsel for the applicant submits that the applicant is ready and willing to deposit the Demand Draft of the said amount in the name of Sampada Nagari Sahakari Patsanstha Ltd., Ahmednagar towards the said dues with the Investigating Agency. Accordingly, the learned counsel for the applicant showed the original Demand Draft No. 202709 dated 08.08.2011 for Rs. 9,06,497/- in the name of Sampada Nagari Sahakari Patsanstha Ltd., Ahmednagar drawn in the name of Ahmednagar District Central Co-operative Bank Ltd., 3 cri4007.11 Station Road, Ahmednagar and produced the photostat copy thereof at Exhibit-C on page no. 29 of this Application and expressed readiness and willingness of the applicant to deposit the said Demand Draft with the Investigating Agency. 5. In the light of the aforesaid facts and considering the accusations of the applicant and nature and gravity thereof, the applicant deserves anticipatory bail, subject to deposit of said Demand Draft with the Investigating Agency, but on certain conditions. 6. In the result, the present application is allowed and it is directed that in the event of arrest of the applicant under C.R. No. 266/2011 registered at Kotwali Police Station, Dist. Ahmednagar, she be released on bail, on furnishing P.R. bond in the sum of Rs. 25,000/- with one surety in the like amount, on the following conditions :- (i) The applicant shall deposit the above referred original Demand Draft of 4 cri4007.11 Rs. 9,06,497/- dated 08.08.2011 issued in the name of Sampada Nagari Sahkari Patsanstha Ltd., Ahmednagar with the Investigating Agency within one week from today and after deposit of the said Demand Draft by the applicant to the Investigating Agency, the Investigating Agency shall deposit the said Demand Draft in the account of Sampada Nagari Sahakari Patsanstha Ltd., Ahmednagar in Ahmednagar District Central Co-operative Bank Ltd., Ahmednagar or in whichever Bank where Sampada Nagari Sahakari Patsanstha is having account for its realisation. (ii) The applicant shall give attendance before the concerned Investigator once in a week i.e. on every Sunday between 3 p.m. to 5 p.m. till filing of the charge sheet and shall co-operate in the investigation. (iii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly 5 cri4007.11 or indirectly. 6. It is made clear that if the applicant fails to deposit the aforesaid Demand Draft with the Investigating Agency within one week, the anticipatory bail granted to the applicant shall stand cancelled automatically. 7. Needless to say that above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 8. The parties to act on the authenticated copy of this order duly certified by the Court Sheristedar. 9. The present Criminal Application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri4007.11