Allowed

Pradip Nanduji Patre v. the State of Maharashtra through Ps Keshori

Bombay HC29 Aug 2012ABA/219/2012

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by the applicant apprehending arrest for alleged defalcation in a fishery cooperative society. The court held that custodial interrogation was not warranted given that documents were already in police custody and the applicant had cooperated with the investigation. The application was allowed with conditions.

What did the court decide?

Application allowed; ad interim relief confirmed; bail granted on Rs. 25,000 bond with sureties; applicant to attend police station on Sundays until investigation concludes.

Pradip Nanduji Patre Vs the State of Maharashtra through Ps Keshori — Corruption | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION NO.219 OF 2012

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(Pradip Nanduji Patre vs. The State of Maharashtra) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

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Mr. A.M. Quazi, Advocate for applicant. Mrs. M.H. Deshmukh, Additional Public Prosecutor for respondent.

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CORAM : A.R. JOSHI, J. DATED : AUGUST 29, 2012

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Heard rival submissions at length on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of Crime No. 5/2012 registered with Keshori Police Station, District Gondia. The Offence alleged against the applicant is punishable under Section 409 read with Section 34 of Indian Penal Code.

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The allegations against the applicant are that during the period from 15/1/2011 till 31/3/2011 he was appointed as Administrator of one Fishery

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Cooperative Society at Ram Nagar, District Gondia whereas prior to that, he was working as Senior Assistant Dairy Development Officer at Bhandara. Audit of the said Fishery Cooperative Society was conducted for the period from 1/4/2009 till 31/3/2011. Out of the said entire period, the period under the control of the present applicant as an Administrator was only for two and half months. During the entire period from April 2009 to March 2011, there was defalcation of the total amount of Rs.6,89,000/- and odd, out of which during the period when present applicant was Administrator, there was defalcation of amount of Rs.1,46,000/-. The alleged modus operandi as adopted by the present applicant and reported in the first information report and the audit report is to the effect that he in conspiracy with the Manager of the said Society one Mr. Kolhe was instrumental in disbursement of various amounts towards maintenance of storage tanks, stocking of fish seeds, repayment of advances taken by the Society, etc. Manager Mr. Kolhe was already arrested. However, allegedly present applicant evaded arrest and instead

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applied for anticipatory bail, which was earlier granted at ad interim stage by the District Court, but was subsequently rejected and thereafter applicant preferred anticipatory bail application before this Court and was granted ad interim relief by another Bench and till today, he is on such ad interim relief.

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It is the submission of the applicant that he was not fullfledged Administrator at Fishery Cooperative Society, but was given an additional charge and his usual place of work as Senior Assistant Dairy Development Officer was at Bhandara, which is about 150 kms. away from the office of the Fishery Cooperative Society at Ram Nagar, This aspect as to the distance between the two places is of no much significance so far as involvement of the present applicant in the offence of defalcation of amount is concerned.

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According to the applicant, he had signed three cheques at the instance of the Manager and those cheques were used for making outstanding payments to the parties. It is also the submission on

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behalf of the applicant that no voucher or supporting documents were prepared for such outgoings and he had not signed any such voucher. According to the applicant, this fact has been fortified by the notice issued to him by the Auditor, which is dated 1/3/2012 and further fortified by the explanation given by him vide his letter dated 17/3/2012. According to him, he signed on the cheques and gave them to Manager Mr. Kolhe for the purpose of distribution of the salary of the employees of the Society and also to meet day to day expenses.

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In the present matter, it is to be ascertained whether custodial interrogation of the present applicant is necessary when investigation is still continuing in this matter of defalcation of amount of Fishery Cooperative Society. So far as present applicant is concerned, the defalcation is to the extent of Rs.1.46 lakhs. It is a factual position that during the period of protection under the ad interim orders, the applicant had attended the concerned Police Station on 31/7/2012 and 6/8/2012 and his statements were also recorded by the Police.

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Considering the overall view of the matter, in the opinion of this Court, in this particular case, custodial interrogation is not warranted and suitable directions can be given to the applicant to attend the concerned Police Station to assist the investigation by giving his statement and cooperating with the Investigating Agency as charge-sheet is yet to be filed. Further more, in the present matter, all the documents are already in custody of the Investigating Agency and the applicant can be questioned on the relevant documents by the Investigating Officer without having his custody.

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In the result, the present anticipatory bail application is allowed. The ad interim relief granted in favour of the applicant is confirmed. In the event of arrest in the matter of Crime No.5/2012, the applicant shall be released on bail on executing P.R. Bond in the sum of rupees twenty five thousand with one or two sureties of the like amount. In the event of arrest and availing of the bail as above, the applicant shall attend the concerned Police Station on every Sunday between 3 p.m. and 5 p.m. till

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completion of the investigation. With these directions, the criminal application is disposed of.

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JUDGE

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khj

Pradip Nanduji Patre v. the State of Maharashtra through Ps Keshori

Case brief

What is this about?

What did the court decide?

Pradip Nanduji Patre v. the State of Maharashtra through Ps Keshori

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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