Archana Mahesh Bagul And ANR v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5517 OF 2016 1.

Archana Mahesh Bagul, Age : 36 years, Occu. Household, R/o Panchwati, Nashik, Tq. and Dist. Nashik 2.

Sharada Nareshkumar Bagul, Age : 40 years, Occu. Household, R/o Near Civil Hospital, Nashik, Tq. and Dist. Nashik ..APPLICANTS

VERSUS

1.

The State of Maharashtra Through Superintendent of Police, Dhule, District Dhule 2.

The Police Inspector, Deopur Police Station, Dhule, District Dhule ..RESPONDENTS Mr M.S. Sonawane, Advocate for applicants;

Mr A.D. Namade, Addl. Public Prosecutor for respondents CORAM : A.S. CHANDURKAR, J.

DATE : 30th November, 2016 ORAL ORDER :

Heard.

2.

The applicants apprehend their arrest in connection with C.R. No.234 of 2013, registered at Deopur police station, for the offences punishable under Sections 420 and 201 of the Indian Penal Code.

(2) 3.

As per the first information report dated 25th December, 2013, the Administrator of Shri Sai Seva Nagari Sahakari Credit Co-operative Society lodged report stating that affairs of the society were not being conducted since 1st April, 2007. The managing body was, therefore, dissolved and Administrator was appointed. Necessary records for conducting the audit were not submitted by the Directors to the Administrator. On that basis aforesaid report came to be lodged.

4.

On behalf of the applicants, it is submitted by their learned Counsel that other Directors of the said society have been granted protection by various orders passed in Criminal Application No.984 of 2016 as well as Criminal Application No.1856 of 2016. It is submitted that the allegation with regard to possession of the records is against accused no.2 Suryakant Thakare. As applicants were Directors they are entitled for parity. 5.

The application is opposed by learned Addl. Public Prosecutor. It is, however, not disputed that other Directors have been granted protection. 6.

Considering earlier orders passed in Criminal Application No.984 of 2016 and Criminal Application No.1856 of 2016, I find that the case of the present applicants is similar to the applicants in aforesaid applications. Hence, on ground of party, the ad interim order granted on 3rd October, 2016 stands confirmed.

7.

Accordingly, following order is passed :-

(3) In the event of arrest of the applicants, in connection with C.R. No.234 of 2013, registered at Deopur police station, for the offences punishable under Sections 420 and 201 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.25,000/- with one surety in like amount.

(i) The applicants shall attend the concerned police station on 19th December, 2016 and thereafter as per directions of the Investigating Officer.

(ii) They shall not take any steps to tamper with the prosecution witnesses.

(A.S. CHANDURKAR, J.) amj