1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.287/2011 ( Bhaskar Shamrao Bhosale and another ..Vs.. The State of Maharashtra, through P.S.O., Police Station Khamgaon City, Tq. Khamgaon, Distt. Buldana ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.V. Sirpurkar, Adv. for applicant. Mr. S.S.Doifode, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 29.11.2011. 1. This is an application under section 438 of the Criminal Procedure Code for issuing directions to release the applicant/accused on bail in the event of his arrest in Crime No.86/2011 registered with police station Khamgaon under section 406, 408, 420 read with 34 of the Indian Penal Code. 2. Gajanan Urban Credit Cooperative Society is registered under the Maharashtra Cooperative Societies Act, 1960. This society is engaged in distributing loans to the needy persons, accepting term deposits and maintaining saving accounts of the members. There was audit of the financial affairs of the said Society by the Auditor of Cooperative Societies 2 for the period from 1/4/2006 to 31/3/2009, in which various irregularities were noticed. The conclusion was that there was defalcation/misappropriation of amount of Rs.3,11,19,495/-. On 17/6/2011 the Auditor lodged report and on that basis the offence came to be registered. Those who held the office of director along with two to three officials of the said Society have been arrayed as accused. In all there are thirty five accused persons. 3. It is the case of the applicants 1 and 2 that they were directors from 1/12/2003 to 28/3/2006 and from 2004 to 20/3/2006 respectively. The Crime No.86/2011 is registered on the basis of the report of Auditor which covers the period from 1/4/2006 to 31/3/2009. Thus prima facie involvement of the applicant in the alleged offence of misappropriation and cheating appears too remote. Frankly speaking, the prosecution could not point out as to what type of business was transacted during the year 2003 to 2006 much less business by violating the rules or decision detrimental to the Society. In this view of the matter, application will have to be allowed. 4. Application is allowed. 5. In the event of applicants/accused Bhaskar 3 Shamrao Bhosale and Bhaskar Pralhad Ghorade in Crime No.86/2011 registered with police station Khamgaon under section 406, 408, 420 read with 34 of the Indian Penal Code, they be released on bail on their executing P.R. bond of 50,000/- (Rs. Fifty Thousand Only) each with two solvent sureties each in the like amount with condition that they shall attend the police station Khamgaon City as and when called by the Investigating Officer for investigation purposes. 6. Hamdast allowed. JUDGE Tambaskar.