cra3075.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3075 OF 2011 1) Dr. Christopher Devid Moses, Age-50 years, Occu:Medical Practitioner, 2) Dr. Mrs. Shobha Christopher Moses, Age-46 years, Occu:Medical Practitioner, Both R/o-Mission Hospital, Durgamata Mandir Road, Jalna. ...APPLICANTS. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.Joydeep Chatterji Advocate for Applicants. Shri.G.R. Ingole, A.P.P. for Respondent. Shri.S.S. Jadhavar Advocate for complainant. ... CORAM: T.V. NALAWADE, J. DATE : 10TH AUGUST, 2011 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No. M-05 of 2011 cra3075.11 2 registered in Sadar Bazar Police Station, Dist- Jalna, for the offences punishable under Sections 409, 420, 468, 471, 472, 504, 506, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. Complainant Subhash Bhalerao has filed private complaint, which is registered as F.I.R. on the basis of direction given by the J.M.F.C., under Section 156(3) of the Code of Criminal Procedure. 3. After advancing arguments, the Advocate of the Applicants submitted that he is withdrawing the Application in respect of the Applicant No.1 - Dr. Christopher Devid Moses. So, the Application in respect of the Applicant No.1 - Dr. Christopher Devid Moses, stands disposed of as withdrawn. 4. The allegations are made by the complainant that Applicant No.1 has cra3075.11 3 misappropriated the amount of Trust in many ways. The Applicant No.2 is the wife of Applicant No.1. the main allegations are as under: (I) Being in-charge of the hospital from Jalna, the Applicants arranged to hike their salaries and by causing loss to the Trust, they are taking excessive salaries. (II) The Second allegation is that without following proper procedure, the management of the hospital is given to third party, like Sahyadri Hospital and false record is created to show that the hospital is running in losses and the loss is more than Rs.99 Lakh. (III) Allegations are made that without following proper procedure, construction of many buildings was undertaken by the Applicants. (IV) Allegations are made that though the cra3075.11 4 amount towards the contribution of the provident fund of the employees was deducted from their salaries, the amount was not credited in the provident fund account of the employees and that amount is misappropriated. That amount is shown as Rs.42.34 Lakh. 5. The complainant is relying on the management report of auditor dated 31st March, 2010. It shows that an amount of Rs.22.83 Lakh was deducted from the salaries of the employees but this amount was not credited in the provident fund account. Similarly, the amount of Rs.2.13 Lakh was deducted towards professional tax from the salaries of the employees, but that amount was not credited to the account of Government. 6. The Advocate of the Applicants showed some record to show that some enquiry was held by the Authority and after the enquiry when the liability was fixed, for the Trust the amount came cra3075.11 5 to be deposited. The Advocate of the Applicants submitted that Applicant No.2 is not trustee of the institution and she is only member of local managing committee. For the Applicants, the list of the trustees is produced and list of the persons who are appointed for local management by the Trust, is also produced. The record shows that Applicant No.2 is not trustee but she is member of local managing committee appointed for two years and this managing committee was prepared on 16th April, 2011. Advocate of the Applicants submitted that Applicant No.2 started separate hospital and she has left the Hospital and Trust and she is filing her returns separately in respect of hospital privately owned by her. 7. For the complainant, one account statement in respect of account of Trust came to be produced and it shows that on 9th May, 2011 an amount of Rs.1,47,852/- was paid to Applicant No.2 from the account of Trust. In this regard the cra3075.11 6 Advocate of the Applicants submitted that this was the amount due to Applicant No.2 towards arrears of salaries. He pointed out that similar payment was made to other doctors and such entries are there in the account statement. 8. The record produced by both the sides shows that Applicant No.1 was controlling the things. Applicant No.2 was a member of local managing committee but the things were under the control of Applicant No.1. The main allegations are against Applicant No.1. In view of these circumstances and the record produced in this proceeding, this Court holds that anticipatory bail can be granted to the Applicant No.2, subject to some conditions. 9. So, the Criminal Application in respect of Applicant No.2 - Dr. Mrs. Shobha Christopher Moses is allowed. Interim relief granted by this Court in favour of the Applicant No.2 - Dr. Mrs. cra3075.11 7 Shobha Christopher Moses, by order dated 19th July, 2011 is confirmed, subject to the conditions that Applicant No.2 should appear before the Investigating Officer on every Sunday between 9.00 a.m. and 12.00 noon, for the period of one month from today. She is to co-operate with the Investigating Officer and she is to produce the record, if any, if required in writing by the Investigating Officer. She is not to tamper with the prosecution witnesses. If there is breach of conditions, the anticipatory bail is liable to be cancelled. Interim relief which was granted in favour of the Applicant No.1, stands vacated. [T.V. NALAWADE, J.] asb/AUG11