Bombay High CourtABA/754/2018allowed

Rajendra Ramchandra Muke v. State Of Maharashtra Thr. P.S.O., Wadgaon P.S.

2018-12-18Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.754/2018 Rajendra Ramchandra Muke V/s State of Maharashtra thr. PSO Wadgaon Dist. Yavatmal. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Firdos Mirza, counsel for the applicant. Shri H.R. Dhumale, APP for the non-applicant/State. CORAM : M.G. GIRATKAR, J DATE : 18.12.2018.

Heard Shri Firdos Mirza, learned counsel for the applicant.

He has pointed out that the report lodged by the applicant against the Manager, Shri D.K. Shete. He has pointed out the ledger book and submits that the applicant himself has deposited Rs. 38,49,852/-. He is one of the depositors. Shri D.K. Shete has misappropriated the amount and purchased several properties at Pune, Nagpur etc., but no action is taken. Shri D.K. Shete is absconding. Shri H.R. Dhumale, learned APP has pointed out the Government Audit Report dated 12.10.2018. As per this Audit Report, President/Secretary and Manager are responsible for this crime. From perusal of the report at Page No. 36 it appears that as per By-laws of the Society, President/Secretary and Manager are responsible. But, from perusal of the report lodged by the applicant against the Manager, it is clear that he has purchased the properties from the misappropriated amount. No action is taken by the Police, till today against the Manager. It is

2 902aba754.doc not explained as to why he is not arrested. The applicant is one of the investor and invested more than Rs. 38 Lakhs deposited in Shree Sant Gadge Baba Nagri and Gramin Sahakari Pat Sanstha Maryadit, Yavatmal.

Looking to the submission and perusal of the record ad-interim anticipatory bail granted on 23.10.2018 is hereby confirmed.

JUDGE rkn