Motiram Pandurang Somwanshi v. The State Of Maharashtra

1 11.2332.18 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2332 OF 2018 Motiram Pandurang Somwanshi .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Shyamsundar Solanke i/b Mr. Pratap Patil for the applicant Smt. J. S. Lohokare APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

FEBRUARY 14, 2019.

P.C.

In Crime No. 171/2018 registered with Vani Police Station, Nashik Rural for offence punishable under Sections 217, 218, 408, 409, 420, 465 & 468 of the Indian Penal Code and under section 146(k), (m) (n) (o) (p) of Maharashtra Cooperative Societies Act, 1960, applicant is seeking pre-arrest bail.

Admittedly from the inception of the Credit Cooperative Society, till August 8, 20099, applicant was a director and

2 11.2332.18 aba.doc participated in the proceedings of the Society for disbursement of loan. The Auditor has noted that co-lateral security which should have been obtained for disbursing such loans was not taken by the Managing Committee of which applicant was one of the member. The audit report speaks of substantial loss to the Society i.e. to the tune of Rs. 4,36,19,540/-.

That being so the claim of the applicant that the offence is based on documentary evidence and he is very much available for the investigation cannot be considered as a ground of his release. The status as that of a Director who has participated in the loan disbursement is sufficient enough to infer his involvement. Application fails, stands rejected.

[NITIN W. SAMBRE, J.]