Single judge order granting anticipatory bail to cooperative society officers who deposited the misappropriated amount. Court directed future attendance for investigation and fixed deposit of funds.
Release on bail if arrested; deposited amount invested in fixed deposit; future attendance at police station for investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.246 OF 2021
Subhash Danamal Jain & Ors..... Applicants
versus
State of Maharashtra.... Respondent
Mr.Niranjan Mundargi a/w Sachin Thombare, Advocate for Applicant.Ms.Pallavi N. Dabholkar, APP for the State/Respondent.CORAM: SARANG V. KOTWAL, J.
DATE: 04th MARCH, 2021
P.C. :
1. The Applicants are seeking anticipatory bail in
connection with C.R.No.390/2020 registered with Marketyard
Police Station, on 28/12/2020 under sections 406, 409, 167,
168, 420 r/w 34 of the Indian Penal Code.
2. The FIR is lodged by one Rajesh Sudam Bhujbal, who is
an Auditor employed with office of Authorities for Cooperative
Societies.
Nesarikar
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3. The Applicants are President and Secretary of M/s
Arihant Co-operative Housing Society. The audit was conducted
for the relevant period between 01/04/2013 to 31/05/2015.
During that period, there are allegations that the Applicants had
misappropriated amount of Rs.1,23,969/- and there was an
unauthorized expenditure worth Rs.9,97,370/-. This was the
basic allegation against the present Applicant. On the last
occasion i.e. on 28/01/2021, the learned counsel for the
Applicant had submitted that without prejudice to their rights
and defence; to show their bonafides, they were willing to
deposit this amount in the trial Court.
4. Heard Mr.Niranjan Mundargi, learned counsel for the
Applicant and Ms.Pallavi N. Dabholkar, learned APP for the
State.
5. Today, the learned counsel for the Applicant makes a
statement that they have complied with their own undertaking
and they have deposited this amount, i.e. Rs. 11,21,340/-, in the
trial Court.
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6. The Investigating Officer is present. He submitted that
the Applicant be directed to attend the concerned police station
and to explain any other queries raised by the Investigating
Officer.
7. Considering this statement and taking into account the
fact that the Applicants have deposited the entire amount, which
is the subject matter of the present FIR, anticipatory bail can be
granted to the present Applicants.
8. Hence, the following order :
O R D E R
(i)In the event of their arrest in connection with
C.R.No.390/2020 registered with Marketyard
Police Station, the Applicants are directed to be
released on bail on their furnishing PR bond in
the sum of Rs.30,000/- (Rupees Thirty Thousand
Only) with one or two sureties in the like
amount.
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(ii) The Applicants shall attend the concerned Police Station as and when called and shall cooperate with the investigation.(iii) The amount deposited with the trial Court shall be invested in a fixed deposit scheme to be renewed from time to time in accordance with rules.(iv) At appropriate stage, the trial Court shall decide how the amount is to be disbursed.(v) Application stands disposed of accordingly.(SARANG V. KOTWAL, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to applicants who have deposited the misappropriated amount []
Whether directions for future cooperation and investment of deposited funds were necessary
Subhash Danamal Jain & Ors
State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court