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Bombay High CourtAPPLN/3840/2015disposed off

Shrawan S/O Shripati Hatagale And ANR v. The State Of Maharashtra And ANR

2015-07-27Hon'Ble Shri Justice V.M. Deshpande2 pages

crap3840.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3840 OF 2015 [Shrawan s/o Shripati Hatagale and another Vs The State of Maharashtra & anr.] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri G.G.Suryawanshi, advocate for applicants Smt.Pratibha Bharad, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 27 th July, 2015 PER COURT :- 1] Heard Shri G.G.Suryawanshi, learned counsel for applicant and Smt. Pratibha Bharad, learned Additional Public Prosecutor for the respondent/State.

2] The present applicants are apprehending their arrest in connection with Crime No. 135 of 2015, registered with Shivajinagar police station, District Beed, for the offences punishable under Sections 408, 409 r/w 34 of the Indian Penal Code.

3] The first information report is lodged by Anil Mhaske, Regional Manager of Sahityaratna Lokshahir Annabhau Sathe Vikas Corporation Limited.

4] After hearing learned counsel for the applicants and the learned Additional Public Prosecutor, it is clear that though the present applicants and the other accused persons named in the first information report have misappropriated more than Rs. Nine Crores of this Corporation, the amount meant for disbursement of the poor for upliftment of the persons belonging to Matang community, however, the unscrupulous persons like the present applicants with others

crap3840.15 instead of reaching the benefit to the poor persons, have indulged themselves in connivance with others to misappropriate the huge amount.

5] Learned Additional Public Prosecutor has pointed out that presently the State has also handed over the investigation of the crime to the State C.I.D. looking to the magnitude of the offence.

6] It will not be appropriate on my part to comment on the prosecution case since the investigation is at very primary stage. However, it is clear that the present crime requires in depth investigation from the investigating agency and fullest opportunity will have to be given to the investigating agency to investigate the same.

7] Hence, Criminal Application is dismissed. Interim order, passed by this court on 23.7.2015 stands vacated. (V.M.DESHPANDE, J.) dbm/crap3840.15