(1) CRI.APP. 3827.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3827 OF 2010 Suryabhan Dattu Patil, Age : 42 years, Occu.: Self Employment, R/o : Plot No.14, Shantinagar, Bhusawal, Tq. Bhusawal, Dist. Jalgaon .. Applicant VERSUS 1. The State of Maharashtra Through Police Station Officer, Bazaar Peth Police Station, Bhusawal, Tq. Bhusawal, Dist. Jalgaon 2. The Superintendent of Police, Jalgaon, Dist. Jalgaon (Copy to be served on Public Prosecutor, High Court Bench at Aurangabad) .. Respondents ... Mr. S.P. Brahme, Advocate for the Applicant Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH OCTOBER, 2010 ORAL ORDER:- 1. The applicant is Ex-Director of the Co- operative Society. He seeks direction under section 438 of the Code of Criminal Procedure. (2) CRI.APP. 3827.2010 2. Heard learned Advocate for the applicant and learned APP. 3. Perusal of the investigation papers prima facie indicates that the irregularities were noticed by the Auditor in the context of grant of loans to to nine borrowers. It appears that the applicant himself is not borrower nor his relative has borrowed loan for which he could be held as instrumental. The FIR purports to show that the Board of Directors of the Credit Society invested certain amounts without following due procedure and, therefore, the Credit Society suffered financial setback. The applicant being one of the Directors, he is charged with the joint criminal liability by applying principle of "constructive liability". It appears that on 7.8.2005 the applicant had resigned from the post of Director (vide Exh. 'B' appended to the Application). It is about few years after the resignation that the audit inspection was conducted and the report covers period between 1.4.2008 to 31.3.2009. (3) CRI.APP. 3827.2010 4. Considering these aspects, the arrest of the applicant is not prima facie eminent or necessary for the purpose of any effective investigation. 5. In the result, the Application is allowed. The applicant shall be released on bail, in the event of arrest, on the terms as enumerated in the order dated 30.9.2010 while grating ad-interim relief to the applicant. He shall co-operate with the Investigation Officer by attending the Police Station as and when called and shall produce the documents, if any, when called upon to produce the same. The anticipatory bail order will come to end on filing of the chargesheet/report as the case may be. Sd/- [V.R. KINGAONKAR, J.] arp