1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1460 OF 2010 Sonaji Raghunath Mane ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.A.R. Kale, Advocate for applicant. Mr.S.G. Nandedkar, APP for respondent. Mr.R.V. Gore, Advocate for complainant. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 20th April, 2010. PER COURT : 1. Heard Mr.A.R. Kale, learned counsel for applicant as well as Mr.S.G. Nandedkar, learned A.P.P. for respondent assisted by Mr.R.V. Gore, learned counsel for original complainant. 2. This is an application preferred by applicant seeking anticipatory bail apprehending his arrest under C.R. No.10/2009 registered with CIDCO, Aurangabad police station, Dist.Aurangabad for the offences punishable under Sections 406, 420, 468, 471 2 r/w 34 of the Indian Penal Code. 3. It appears that Parvati Co-operative Housing Society Ltd., through its Chairman Vishwanath Ramchandra Chavan has filed private complaint against applicant before the learned Judicial Magistrate, First Class, Aurangabad under Sections 406, 420, 468, 471 r/w 34 of the Indian Penal Code on 15.05.2009 in pursuance of resolution passed by the said society on 30th December, 2008. Accordingly, learned Judicial Magistrate, First Class, Aurangabad passed order on 23rd June, 2009 and directed to investigate the matter under section 156(3) of Code of Criminal Procedure and thereof offence under C.R. No.10/2009 came to be registered against applicant. 4. On perusal of the contents of complaint, it appears that applicant herein was the Chairman of said society from 1994 upto 2007 and it is alleged that during the said period, applicant has prepared false and forged documents as well as forged the signatures of complainant and prepared false documents and withdrew the amount from account of society at various 3 times and defrauded the said society to the tune of Rs.74,044/-. It is also alleged that applicant herein signed falsely in the name of complainant and withdrew the amount from said society to the tune of Rs. 34,000/- and thereby committed fraud of said amount. 5. On the face of said allegations, learned counsel for applicant submitted that applicant is government servant and District Deputy Registrar, Co-operative Societies, Aurangabad has appointed one Mr.P.M.Zala, Accountant, Grade-I, Co-operative Societies, Aurangabad for investigation in matter, and therefore, the present complaint is premature. It is also urged by learned counsel for applicant that all the documents are in custody of society, and therefore, there is no necessity to have custodial interrogation of applicant. It is further canvased that applicant has been implicated in the crime falsely due to the rivalry of the present Chairman and applicant being Ex-Chairman of said society. Therefore, it is submitted that present application be allowed. 6. Learned A.P.P. for respondent opposed the 4 application vehemently as well as Mr.R.V. Gore, learned counsel for original complainant also opposed the present application strenuously and submitted that present complaint has been filed by society in pursuance of the resolution passed by it. It is also submitted that contents of said complaint reflects that applicant has committed fraud to the tune of Rs. 74,044/- and also to the tune of Rs.34,000/-, and therefore, the custodial interrogation of applicant is necessary for the purpose of further progress in investigation. It is also submitted by learned A.P.P. that there is no question of any false implication of applicant in the aforesaid offence and the fact of appointment of Accountant Grade-I to investigate the matter by District Deputy Registrar, Aurangabad itself shows that misdeeds were committed during tenure of applicant, and hence, it is submitted that present application deserves to be dismissed. 7. On perusal of the investigation papers and after considering the rival submissions advanced by the learned counsel for the parties, it is apparent from the complaint itself that it has been filed by Parvati 5 Sahakari Housing Society Ltd., through its Chairman Vishwanath Ramchandra Chavan in pursuance of the resolution passed by said society on 30th December, 2008. It is also alleged in the said complaint that applicant was Chairman of said society in between 1994 upto 2007 and said complaint also reflects the alleged fraud committed by applicant during his tenure i.e. to the tune of Rs.74,044/- and to the tune of Rs. 34,000/-. Moreover, it is also pertinent to note that District Deputy Registrar, Co-operative Societies, Aurangabad has appointed Mr.P.M. Zala, Accountant Grade-I, Co-operative Societies, Aurangabad to investigate alleged misdeeds committed by applicant during his tenure from 26.07.1993 upto 31.03.2007 and apparently, there is no progress in the investigation so far, and therefore, custodial interrogation of applicant is necessary for further progress in the investigation in proper perspective. 8. Considering the nature of accusation and gravity of offence, apparently it appears that there is no possibility of false implication of applicant in the alleged offence, and therefore, present application 6 deserves to be rejected. 9. In the result, present application being sans merits, stands dismissed. (SHRIHARI P. DAVARE) JUDGE gas/cri1460.10