Ravindra Devrao Narole v. The State Of Maharashtra Through Pso Warora Police Station Chandrapur

2024:BHC-NAG:8768

(1) 29.aba.475.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.475 OF 2024 Ravindra Devrao Narole Vs.

State of Maharashtra, Through Police Station Officer, Warora Police Station, Chandrapur ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Yash Kullarwar, Counsel h/f Mr. M. Anilkumar Shankarlal, Counsel for the applicant.

Ms. Trupti Udeshi, APP for non-applicant /State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 07/08/2024 1.

Apprehending the arrest at the hands of police, in connection with Crime No.474/2024 registered at Police Station Warora, District Chandrapur for the offences punishable under Sections 406, 409, 420, 120-B of the Indian Penal Code, 1860 and under Section 3 of the Maharashtra Protection of the Interest of the Depositors Act, 1999, the applicant approached this Court for grant of pre-arrest bail.

2.

Learned Counsel for the applicant submitted that the crime is registered on the basis of report lodged by the Administrative Officer, alleging that the Additional Registrar was appointed to audit and supervise the transaction of the Siddhi Vinayak Nagari Sahakari Pat Sanstha Maryadit, Warora. The

(2) 29.aba.475.2024 accused who is the office bearer of the said cooperative society, and as per the allegation the several illegality and irregularities are committed by him and repayment to the investors was not made, and thereby there is misappropriation of the amount of Rs.92,36,192/- which was the amount of the investors. On the basis of said report, the police have registered the crime against the present applicant, who is the Director of the said Society. 3.

Learned Counsel for the applicant further submitted that as far as the present applicant is concerned, he was neither Secretary nor President of the said Cooperative Society, and he is not the signatory of any of the documents. Merely because he is the Director, he is implicated in the alleged offence, as far as the custodial interrogation is concerned, entire documents are in the office of the said Pat Sanstha and therefore, the custodial interrogation of the present applicant is not required. 4.

Learned APP strongly opposed the said application on the ground that the offence alleged against the present applicant is the misappropriation of the public fund i.e. to the tune of Rs.92,36,192/-. The deposits have not been returned to the investors. The present applicant is one of the office bearer of the said Credit Cooperative Society, in view of that his custodial interrogation is required.

(3) 29.aba.475.2024 5.

After hearing learned counsel for the applicant and learned APP for the State, perused the recitals of the FIR and the investigation papers, from which it reveals that the applicant is the Director and he is not a signatory on any of the documents. Thus, as far as the custodial interrogation is concerned, which is for the purpose of interrogation that can be taken care of by imposing certain conditions. 6.

In view of that, the interim protection granted to the present applicant by order dated 05.07.2024 is hereby confirmed on condition that he shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 01.00 p.m., till filing of the charge-sheet and shall cooperate with the investigating agency. The other conditions imposed shall remain as it is.

7.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate