1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 565/2011 Vinod Gangadhar Inchulkar ..Vs.. State of Maharashtra through P.I. Economic Cell, Crime Branch, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. N. Badhe, Advocate for the Applicant Mr. S. S. Doifode, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 14.10.2011. 1. Heard learned counsel for the parties. 2. The applicant, who has been arrested on 16/08/2011 in Crime No. 164/2009 registered at Police Station Kotwali, Nagpur for offence punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code, presently being investigated by Economic Cell, Crime Branch, Nagpur, has filed this application for bail. 3. The complaint has been lodged by one Yuvraj Gosavi who had deposited an amount of Rs. 2,00,000/- with the Shubham Nagari Sahakari Patsanstha by way of three F.D's and the due date for maturity was 13/07/2009 and 27/09/2011, respectively. However, the said amount was not paid by the Secretary of the Society on matured date and same thing had also happened with respect to other 31 depositors. Therefore, the allegation is that the President and Secretary of the said Shubham Nagari Sahakari Patsanstha Mahal, Nagpur have cheated the depositors of Rs. 44,69,214/- by committing criminal breach of trust. 2 4. It appears that the applicant was working as Manager of the said Society during the relevant period. However, the main allegation is against the Chairman and Secretary of the Society. Both these alleged main accused persons have been released. Though, investigation is not yet completed, however, the applicant is presently in magisterial custody and, therefore, the Investigating Officer can not get any assistance from him. No purpose will be served by detaining the applicant in custody any more. Hence the application is allowed. 5. The applicant shall be released on bail in Crime No. 164/2009 registered at Police Station Kotwali, Nagpur for offence punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs. 50,000/- with one solvent surety in the like amount under the following conditions namely : (i) The applicant shall attend the Crime Branch (Economic Cell), Nagpur as and when called upon by the Investigating Officer to do so. (ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iii) The applicant shall not leave India without previous permission of the trial Court. Application stands disposed of accordingly. JUDGE Punde.