1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application No. (ABA) No.311/2011 Deepak s/o Bal Matere Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. R. M. Patwardhan, Adv. for the applicant. Mr. P.D. Kothari, APP for the respondent. CORAM : U.V. BAKRE, J. DATED : 21/09/2011. This is an application for pre-arrest bail filed by the applicant against whom Crime No. 29/2011 for offence punishable under Section 408 of the Indian Penal Code has been registered at Imamwada Police Station, Nagpur. 2] The allegation against the applicant, as per the complaint dated 26.2.2011 lodged by Lekhraj alias Gagan Pethe, the Sale Representative of A.K.Gandhi Cars is that the applicant has misappropriated Rs. 31,435/- from D.T. H. Services and Rs. 46,534/- from M/s. Achal Corporation, by intentionally making false entries into the accounts on computer. 3] The applicant claims to be innocent whereas the respondent says that there is prima facie case and the presence of the applicant is required in custody for recovering the misappropriated amount 2 of Rs. 77,969.50. 4] According to the applicant he had resigned from the job in November 2010 and all his liabilities/dues towards the employer were settled and therefore he could not have been held responsible for any fault. He also says that he has no knowledge regarding operation of computer. However, from the case diary/case papers, it is seen that the applicant has signed the Muster book for the months from March 2010 till 18th December 2010 and the the alleged misappropriation is from April 2010 to October 2010. The complaint lodged by Lekhraj alias Gagan Pethe, the authorised signatory of the complainant reveals in detail that the applicant was working as Accountant and looking after the transactions done through computer and had made changes in the entries of accounts on computer and has misappropriated a sum of Rs. 77, 969.50. There is a false statement made by the applicant in the application that he resigned from the job in November 2010. No copy of resignation letter or other document proving resignation has been produced by the applicant. The applicant has been remaining absent as from 18.12.2010 and even has kept his Mobile Cell off. The respondent has stated that the residence of the applicant was searched but he is absconding. 5] In view of the above, looking at the 3 malafide conduct of the applicant by making false statements in the application, and the circumstances of the case where a strong prima facie case exists against the applicant, he does not deserve anticipatory bail. 6] Hence, the application is rejected. JUDGE Ambulkar.