Vishwajit Rajebhau Thombare v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.592 OF 2022 VISHWAJIT RAJEBHAU THOMBARE
VERSUS
THE STATE OF MAHARASHTRA WITH ANTICIPATORY BAIL APPLICATION NO.541 OF 2022 ANITA RAJABHAU THOMBARE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant in ABA/592/22 : Mr. Abhishek Patil h/f Mr. Patil Bankar Deelip N. a/w Mr. Amardeep Naiknaware.
Advocate for Applicant in ABA/541/22 : Mr. V.D. Salunke (Senior Counsel) i/b Mr. M. V. Salunke PP for Respondent-State : Mr. D. R. Kale.
...
CORAM : S. G. MEHARE, J.
DATE : 17.06.2022 PER COURT :- 1.
Heard the learned respective counsels for the applicants and learned APP for the State.
2.
The complainants were depositors of Multi State Co-operative Society to which applicant Anita Thombare was the Director and applicant Vishwajit Thombare was a Branch Manager. The deposits of the complainant could not be returned in time. Therefore, the cheques
were issued. However, unfortunately as it seems due to the mismanagement of the society the cheques could not be honoured. After having gone through the allegations levelled against the applicants, there is absolutely no complaint that they have misappropriated the public money or they have no intention to return the money of the depositors. May be possible that there may be huge pendency of recovery of the loan. The Directors should have shown the promptness to recover the loan so they can refund the money to the depositors in time. Possibly due to some mismanagement in the society, the deposit could not be returned in time. In view of the admitted facts of acceptance of deposit and there is failure to repay on the due date is not the evidence of having ill intention. In the light of these admitted facts, this Court is of the view that the custodial interrogation of the applicant would served no purpose. Therefore, applications deserve to be allowed. Hence, the following order :
O R D E R
(i) The applications are allowed.
(ii) The interim protection granted to the
applicant Anita Rajabhau Thombare by an order dated 06.05.2022 is confrmed in terms of the bail. She has already attending the Police Station as and when called and agrees to attend the Police Station, if called in future.
(iii) In the event of arrest of the applicant Vishwajit Rajebhau Thombare, in connection with Crime No.572 of 2021, registered with Police Station Kai, District Beed for the offence punishable under Section 420 read with Section 34 of IPC, be released on bail on executing P.B. and S.B. of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount on the condition that he shall attend the Police Station as and when called on written notice. (iv) Humdast allowed.
(S. G. MEHARE, J.) ...
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