1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1971 OF 2009 Chandrakant Murji Dedhia .. Applicant. Vs. 1.The Sr.Inspector of Police, Khargar police Stn.Kharghar. .. 2.State of Maharashtra .. 3.Advance Galaxy Co-op. Hsg. Soc.Ltd. .. Respondents. Mr. Vijay Vaghela for the applicant. Mrs.S.D.Shinde A.P.P. for the State. Mr. Anup Kumar Bakshi for respondent no.3. Coram: D.B. BHOSALE, J. Dated : 2ND JULY, 2009 P.C. Heard learned counsel for the applicant and respondent no.3 and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in MECR No.4 of 2008 of Kharghar Police Station. The crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 403, 406, 467, 420 r/w 34 of IPC. 3. The applicant was secretary of the proposed society i.e. Advance Galaxy Co-operative Housing Society Ltd. The society had opened its account in 2004, which the applicant and the 2 co-accused were operating. The society came to be registered in May, 2005, and the charge was handed over by the applicant to newly elected office bearers on 1st April, 2006. The secretary of the society – Sanjay Bhalilkar filed a private complaint in the court of the Judicial Magistrate, First Class, Panvel. The learned Magistrate issued the order under section 156(3) of the Code of Criminal Procedure and in pursuance thereof the instant crime has been registered against the applicant and one another. During pendency of this application the applicant had expressed his willingness to handover entire record of the society including balance sheet to the secretary of society. Accordingly, he has handed over the entire record including unaudited balance sheet. According to the learned counsel for the society, though the applicant has handed over the entire record of the society he has not given documentary proof of the payments made in cash to different agencies. There is no dispute that the work for which the cash was paid has been done. It is further alleged that the applicant collected Rs.60,000/- from members of the society for registration of the conveyance deed. Though the applicant has denied to have collected such amount, without prejudice to his rights and contentions he has shown his willingness to deposit Rs.60,000/- with the society within a period of one week from today. His statement is accepted. Having considered the nature of allegations and the dispute, in 3 my opinion, custodial interrogation of the applicant is not necessary. Hence the following order: In the event of arrest, applicant be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to the conditions incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant shall report to the concerned police station on every Saturday between 6 pm and 7 pm for a period of 60 days from today and thereafter as and when called. It is needless to express that the applicant shall co-operate with the society for setting their entire record in order. At this stage Mr.Vaghela, learned counsel for the applicant makes a statement that the applicant is prepared to take responsibility to make the payments, if any liability arise from the cash payments made on behalf of the society by him. His statement is accepted. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)