Hemant Nanabhau Patil v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1856 OF 2016 Hemant s/o Nanabhau Patil ..APPLICANT

VERSUS

The State of Maharashtra & ors.

..RESPONDENTS Mr M. S. Sonawane, Advocate for applicant;

Mr A. S. Shinde, Addl. Public Prosecutor for respondent No.1 CORAM : N.W. SAMBRE, J.

DATE : 9th June, 2016 ORDER :

The case of the prosecution is that the applicant is a Direcotr of Shri Sai Seva Nagari Sahakari Credit Society, Dhule, of which operation came to be stopped in 2007. The record of the said society, since are not available, the administrator lodged a complaint against Directors of the said Society, resulting into registration of crime bearing No. 234 of 2013 registered at Deopur Police Station, District Dhule, on 25th December, 2013, for the offences punishable under Sections 420 and 201 of the Indian Penal Code.

2.

It is not in dispute that the other similarly placed person is already protected by this Court vide order dated 11th March, 2016, passed in Criminal Application No. 984 of 2016.

(2) 3.

Apart from above, the applicant has placed on record material to demonstrate that, since 2006, he has not appearing as a director of the said Credit Co-operative Society and has no concern with it. Since then he is working with the various private limited companies and there is no complaints against him from his employers.

4.

Though learned Additional Public Prosecutor opposed the application on the ground that depositors have alleged against the the Directors of the said society, however, there are hardly any material on record to connect the present applicant in crime in question. 5.

Apart from above, fact remains that the other co-accused is already released on bail by this Court.

6.

In the above background, in my opinion, it will be appropriate to order the release of the present applicant on bail. Hence I pass following order:

In the event of arrest, the applicant be released on bail, in connection with crime No. 234 of 2013, registered at Deopur Police Station, District Dhule, on 25th December, 2013, for the offences punishable under Sections 420 and 201 of the Indian Penal Code, upon furnishing P.R. Bond of Rs 25,000/- with one surety in the like amount.

(3) The applicant shall attend concerned police station on 16th and 17th June, 2016, between 10.00 a.m. and 12.00 noon and thereafter as and when called by the Investigating Officer.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) sjk