1 191.11-aba bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.191 OF 2011 Mr.Ramesh R.Mankar ..Applicant Versus State of Maharashtra ..Respondent Mr.T.K.Sinha for Applicant. Mr.J.P.Kharge, A.P.P. for State. CORAM : A.R.JOSHI, J. DATED : MARCH 17, 2011 P.C. :- 1. Heard the rival parties on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of C.R.No.I-56/2011 registered on 2nd February, 2011 with Mira Road Police Station, Dist. thane. 2. The FIR is lodged by one of the members of the Vidhisha Shanti Niketan Co.op. Housing Society Ltd. (hereinafter referred to as the “said Society”) for taking action against the present applicant who was the then Secretary of the said Society. The offence alleged against the applicant is that of 420 of the Indian Penal Code. 3. The broad allegations against the applicant are that he has misappropriated the amount which was deposited in the account of the said Society by diverting and depositing the said amount in his account in the name 2 191.11-aba of sole proprietory concern by name Venus Home Appliances. During the arguments, such transfer of the amount from the account of the Society to his own sole proprietory account by the applicant is not disputed. Only reasoning given by the applicant is that one M/s. Jay Enterprises, without the knowledge of the Chairman and Secretary of the said Society deposited the amount of Rs.5 lac in the said Society’s account. 4. According to the applicant, when he came to know regarding such high handed activity, he, in order to save the reputation of the said Society, decided to divert the said funds to his own sole proprietory account. The factual position remains that prior to taking such step, if allegedly the submission of the applicant is to be accepted, no any writing much less any minutes of the society meeting were prepared. 5. During the arguments, one minutes of meeting dated 4th July, 2010 is produced on record which is appearing at page No.72 of the compilation. The date of the said minutes of meeting is significant enough as according to the FIR, prior to July, 2006 somewhere in the month of March, and more specifically on 8th March, 2010, the first informant and other members of the Society had approached the sub Registrar of Cooperative Societies, Dist. Thane for making complaint against the present applicant the then Secretary of the Society. 6. As such, some time in the August, 2010, the Managing Committee of the Society was dissolved and an Administrator was appointed by the Sub- Registrar. As such, it appears that the preparation or otherwise of such minutes of July, 2010 is after thought and before preparation of such document, much earlier in the month of March,2010 there was a complaint by the members of the Society regarding mal-practices done by the present 3 191.11-aba applicant. Considering this situation, in any event, this is not a fit case in which a discretionary relief of granting pre-arrest of bail can be granted. Hence, the present application for anticipatory bail stands dismissed. (A.R. JOSHI, J.)