(1) CRI. APLN. 4777.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4777 OF 2010 1. Vilas Harchand Choudhari Age : 45 years, Occu.: Business, R/o. Bombay Galli, Tq. Amalner, Dist. Jalgaon 2. Anil Madhukar Kadam, Age : 43 years, Occu.: Social Worker, R/o. 5, Patwari Colony, Tq. Amalner, Dist. Jalgaon APPLICANTS VERSUS The State of Maharashtra Through The Police Inspector, Amalner Police Station, Dist. Jalgaon RESPONDENT WITH CRIMINAL APPLICATION NO.4778 OF 2010 1. Shobha Gunwantrao Pawar Age : 60 years, Occu.: Household, R/o Vidyanagar, Behind Hotel Samrat, Amalner, Tq. Amalner, Dist. Jalgaon 2. Prakash Baburao Kotkar, Age : 58 years, Occu.: Retired, R/o. Bhandarkar Compound, Station Road, Tq. Amalner, Dist. Jalgaon 3. Ranjit Bhimsing Patil, Age : 43 years, Occu.: Agri., R/o. Hanuman Nagar, Tq. Amalner, Dist. Jalgaon APPLICANTS VERSUS The State of Maharashtra Through The Police Inspector, Amalner Police Station, Dist. Jalgaon RESPONDENT (2) CRI. APLN. 4777.2010+1 ..... Mr. B.R. Warma, Advocate for the Applicants in both Criminal Applications. Mr. P.P. More, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 9TH DECEMBER, 2010 ORAL ORDER:- 1. These are Applications for anticipatory bail under section 438 of the Cr.P.C. 2. Heard learned Advocate for the applicants and learned A.P.P. 3. Perused the investigation papers and the reply affidavit filed on behalf of the respondents by Devendra Patil, who is the A.P.I. The applicants in Criminal Application no. 4778 of 2010 are Ex- Directors of the Co-operative Credit Society styled as "Janata Nagari Sahakari Patsanstha Maryadit, Amalner". It appears that applicants Vilas and another in Criminal Application no. 4777 of 2010 are the Ex-Chairman of the said Co-operative Society. 4. Prima facie, audit report indicate that huge amount was misappropriated by making false entires (3) CRI. APLN. 4777.2010+1 regarding granting of loans in names of the depositors notwithstanding the fact that such transactions were not approved and proper. The modus operandi was that there were deposits of the amounts by the depositors but without seeking any loan by them, the loans were shown to have been granted in their accounts and were withdrawn by the Secretary. 5. The main allegations are against the Secretary Dilip Patil. It appears that the Directors were not involved in the transactions. The loans were not cleared by the loan committee and yet were shown to have been disbursed. The other directors, similarly placed likewise the applicants in Criminal Application no. 4778 of 2010 have been granted anticipatory bail by this Court in Criminal Application no. 4654 of 2010, 4655 of 2010 and 4640 of 2010 as well as 4620 of 2010 etc. 6. What prima facie appears that the Secretary Dilip Patil played main role in the course of alleged misappropriation of the huge amount with the blessings and connivance of the then Chairman. So far as the applicant no.1 Vilas Choudhari is (4) CRI. APLN. 4777.2010+1 concerned, the audit inspection notes would show that the transactions do not pertain to his tenure as the Chairman. However, there are various transactions pertaining to the tenure of the applicant no.2 Anil Kadam. Obviously, role of the applicant no.2 Anil Kadam, is required to be duly examined and ascertained in the course of investigation. There is prima facie case to point out needle of suspicion against the applicant no.2 i.e. Anil Kadam. 7. In the result, the Criminal Application no. 4777 of 2010 is partly allowed only to the extent of applicant no.1-Vilas Choudhari and he is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) before the Arresting Officer and on condition that he will make himself available as and when required by the Investigating Officer. The Application of applicant no.2-Anil Kadam is rejected. 8. Criminal Application no. 4778 of 2010 is allowed. The said applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) each, with one (5) CRI. APLN. 4777.2010+1 solvent surety each in the like sum to the satisfaction of the Presiding Officer of the trial Court and on further condition that they shall appear before the Investigating Officer as and when called during course of investigation and shall produce necessary documents as may be required. They shall not contact any of the prosecution witness and shall make no attempt to tamper with the prosecution evidence. They shall not leave Amalner Taluka without the leave of the trial Court. Sd/- [V. R. KINGAONKAR, J.] arp