Chandrabhan S/O. Shalik Mahalle And Others v. The State Of Maharashtra Thr. Police Station Officer, Police Station Umred Dist. Nagpur

1 aba322.17+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.322/2017 Narayan Marotrao Todase and another ..Vs..

The State of Maharashtra, through P.S.O., P.S. Umred, Distt. Nagpur AND CRIMINAL APPLICATION (ABA) NO.327/2017 Chandrabhan S/o Shalik Mahalle and others ..Vs..

The State of Maharashtra, through P.S.O., P.S. Umred, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.B. Patil, Adv. for the applicants.

Shri N.R. Patil, A.P.P. for the respondent / State. (..in both applications) CORAM : Z.A.HAQ, J.

DATE : 14.7.2017.

Heard.

These applications are disposed of by common order as 5 applicants in these two applications seek prearrest bail apprehending arrest in the same crime registered against them for the offence punishable under Sections 409, 420, 465 and 471 read with Section 34 of the Indian Penal Code on the accusations that while working on Board of Administrator of the Co-operative Society they have misappropriated amount of Rs.53,74,439/-. The crime is registered on the complaint lodged by Special Auditor Class-II for

2 aba322.17+1 Co-operative Societies. According to the investigating agency, the defalcation is detected in the re-audit of the accounts of the Co-operative Society.

The applicants claim to be permanently residing on the addresses given in the applications, Tahsil Umred, Distt. Nagpur. The applicants have stated that they are not involved in any other crime / offence. By order passed on 26th May, 2017 this Court granted interim protection to the applicants imposing condition of attendance at the police station. It is not the complaint of the investigating agency that the applicants have not co-operated with it. The case of the investigating agency is based on documents which are already in custody of investigating agency.

In the facts of the case, the order passed by this Court on 26th May, 2017 granting protection to the applicants is confirmed.

Needless to say that the applicants will co-operate with the investigating agency and attend the police station as and when summoned.

The applications are allowed in the above terms.

JUDGE Tambaskar.