Shri. Khemdeo S/O. Mahadeo Deshmukh (In Jail) v. State Of Maharashtra Thr. P.S.O. Jawahar Nagar Dist. Bhandara

ba904.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.904/2017 Khemdeo s/o Mahadeo Deshmukh ..vs.. State of Maharashtra through PSO P.S. Jawahar Nagar, Dist. Bhandara _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N. M. Jibhkate, Advocate for applicant.

Mr. T. A. Mirza, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED :

SEPTEMBER 28, 2017 Mr. N. M. Jibhkate, Advocate for applicant and Mr. T. A. Mirza, A.P.P. for non applicant-State. The applicant is arrested in connection with Crime No.27/2017 registered with Police Station, Jawahar Nagar, Bhandara for an offence punishable under Sections 406 and 409 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors Act. The investigation in the present matter is over. The investigating officer has already completed the entire investigation.

The FIR is lodged by one Shrikant Shridhar Tupe, District Special Auditor of Cooperative Societies. According to the FIR, after completion of the audit of the Vidarbha Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, having registration No.345, he noticed that there is a defalcation of an amount of Rs.18,00,000/- and odd. According to the prosecution, the applicant is the Manager of the said society and therefore he is responsible for misappropriation, defalcation and

ba904.17.odt swindling of amount of depositors with the said credit cooperative society.

The entire investigation is over. The applicant is arrested on 17.05.2017. No reason is submitted by the prosecution for his continuation in the jail custody. The applicant is having deep roots in the society. The statement of the learned counsel for the applicant appears prima facie correct in view of the fact that he is serving in the society. Therefore, in my view, the applicant can be released on bail. Hence, following order is passed.

ORDER

(i) Criminal Application No.904/2017 is allowed.

(ii) Applicant-Khemdeo s/o Mahadeo Deshmukh be released on bail in connection with Crime No.27/2017 registered with Police Station, Jawahar Nagar, Bhandara for an offence punishable under Sections 406, 409 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors Act, on he executing P.R. Bond in the sum of Rs.50,000/- with two solvent sureties in the like amount. (iii) The applicant shall not cause any action which will ultimately result into prejudice to the prosecution case.

The application stands disposed of.

JUDGE kahale