1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4029 OF 2009 Sarfaraj Haidar Tadavi APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.B.S.Deshmukh, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for State. (CORAM : A.V.POTDAR, J.) DATE : 23/11/2009 PER COURT : 1. By the present application, the applicant has approached this Court to release him on regular bail in connection with Crime No. 64/2009 registered in Yawal Police Station of District Jalgaon for an offence punishable u/s. 420, 467, r/w. 34 of IPC and u/s.73(1)(a)(b) of Maharashtra Co-operative Societies Act, 1960. 2. Heard learned advocate appearing for applicant followed by the submissions of learned APP appearing for State. According to learned APP appearing for applicant, it is urged across the bar that the applicant is working as a salesman in Dahigaon Vividh Karyakari Sahkari Society Limited, Tal.Yawal and in the complaint lodged on the basis of the report of the auditor that there is mis-appropriation 2 of funds about the sales of the fertilizer which was sold by the said society in their shop no.3. Two grounds were urged to release the applicant on bail, first on the similar set of facts, other salesmen who were working in the said society, were released on bail, hence on the ground of parity, this applicant also to be released on bail and second, all the documents are not in the custody of the Auditor and have taken charge by the Investigation Officer, hence custody of the accused is not required for interrogation. Accused is in custody since 07/11/2009. 3. While opposing the bail application, my attention was drawn by learned APP appearing for the State towards the report of the Auditor which is in 3 phase so far as the present applicant is concerned. In the first phase, it is shown that two cash memos dated 14/05/2007 and 22/05/2007 vide cash memo no.1431 and 1444 shows that even though the amount was credited in the name of those persons who are members of the society against the transaction of the fertilizer, but in fact the amount was not credited as per the report of the auditor. The second phase from the report of the auditor is that so far as the amount about the sales of the fertilizer is concerned, it was not credited in the sale register. The sales of the empty gunny bags was also not credited or shown as balance in the balance register. There are certain amount which were shown as spent under different heads. Advances were obtained by the salesman without obtaining prior permission of Board of Directors of the society. Stock as balance was not properly shown in the stock register. In the 3rd 3 phase, it is shown that so far as the cheque in respect of the loan amounts against these fertilizer department were not shown as credited/ deposited in the bank concerned also. According to him, these are the transaction of mis-appropriation at the hands of this applicant even though he is working as a salesman. It is tried to urge before me that as per the bylaws of the society, it is the duty of the Secretary of the Society to maintain the account and not the duty of the salesman. One can understand this defence after the entire investigation is complete and not at the stage when the investigation is incomplete. Even though, it is urged that on the ground of parity the application to be allowed, this Court is not in agreement that the role played by this applicant is at par from the role played by the accused, who were released on bail. At least at this stage no case is made out to release the applicant on bail. Application stands rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.4029-09