Rajendra Santaji Patil And Others v. The State Of Maharashtra
1 Cri. Appln. 3499-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3499 OF 2016 1] Rajendra Santaji Patil, Age 52 years, Occu. Service, R/o Ladjalgaon, Tq. Shevgaon, Dist. Ahmednagar 2] Mrs. Mangal Diliprao Nimbalkar, Age 58 years, Occu. Household, R/o Gadekar Chowk, Nirmal Nagar, Ahmednagar 3] Mrs. Trupti Vishal Nimbalkar, Age 32 years, Occu. Household, R/o Gadekar Chowk, Nirmal Nagar, Ahmednagar 4] Pramod Uttamrao Fopse, Age 45 years, Occu.: Service, R/o Ladjalgaon, Tq. Shevgaon, Dist. Ahmednagar 5] Vaibhav Padmakar Musale, Age 45 years, Occu.: Business, R/o Sakshi Chambers, Kortgarlli, Ahmednagar .. Applicants Vs.
The State of Maharashtra, Through Police Station, Kotwali, Tq. And Dist. Ahmednagar .. Respondent .....
Mr. Vinod P. Patil, Advocate for the applicants Mr. S.Y. Mahajan, APP for the respondent-State ......
2 Cri. Appln. 3499-2016 CORAM : N.W. SAMBRE, J.
DATE : 11/08/2016 ORAL ORDER :
Heard.
2.
The applicants are seeking pre-arrest bail in Crime no.I-197 of 2016 registered at Kotwali Police Station, Dist. Ahmednagar for the offences punishable under section 420 r/w. 34 of the Indian Penal Code.
3.
The applicants claimed to have resigned on 15/1/2014, 30/5/2015 and 15/5/2015 from the post of directors of the co-operative society.
4.
It is the case of the prosecution that crime no.I-197 of 2016 came to be registered on June 9, 2016 for the offence punishable under section 420 r/w. 34 of the Indian Penal Code on the ground that the credit co-operative society, of which the applicants were directors, has mismanaged it and misappropriated the amount.
3 Cri. Appln. 3499-2016 5.
As the period when the complainant has deposited the amount with the co-operative society, the applicants were no more directors, as they had already resigned from the said post, as stated herinabove, in my opinion, there is no material on record to infer their prima facie involvement in the crime in question. As such, their custodial interrogation is not required. The Application stands allowed.
6.
In the event of the arrest of the applicants in Crime no.I-197 of 2016 registered at Kotwali Police Station, Dist. Ahmednagar for the offences punishable under section 420 r/w. 34 of the Indian Penal Code, they be released on bail upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.
7.
The applicants shall attend the concerned Police Station, initially on 28th and 29th August,
4 Cri. Appln. 3499-2016 2016 between 10.00 am and 12.00 noon and, thereafter, as and when called.
8.
The applicants shall not tamper with the prosecution evidence or influence the witnesses in any manner.
9.
Criminal Application stands disposed of accordingly.
[N.W. SAMBRE] JUDGE arp/-