COURT ON ITS OWN MOTION Vs. MANISHA
LAWS(BOM)-2017-12-133
HIGH COURT OF BOMBAY
Decided on December 08,2017

COURT ON ITS OWN MOTION Appellant
VERSUS
MANISHA Respondents

JUDGEMENT

A.S.CHANDURKAR,J. - (1.) On 13/06/2017 the following order was passed while considering the anticipatory bail application of another co-accused : " During the course of consideration of this application, Shri M.J. Khan, learned A.P.P. has pointed out that co-accused Manisha Krishnakant Deshmukh who was Director of the Society at the relevant time is granted pre-arrest bail by the Sessions Court by order passed on 3rd February, 2017. the learned A.P.P. has produced copy of the order also. I have seen the order. The learned Additional Sessions Judge has overlooked the relevant aspects and has granted pre-arrest bail to this accused (Manisha Krishnakant Deshmukh) without recording any reasons. The accusations against the Directors of the society are of misappropriation of huge amount of Rs. 7 to 8 Crores and 7 to 8 kilogram of gold. In the above facts, I feel it necessary to issue notice to Manisha Krishnakant Deshmukh R/o Ambedkar Chowk Parisar Silli, Tq. Bhandara, Dist. Bhandrara 441904 to show cause why this Court should not exercise jurisdiction under Section 482 of the Code of Criminal Procedure and why the pre-arrest bail granted to her by order passed by Additional Sessions Judge, Bhandara on 3d February, 2017 in Crime No. 113/2016 registered by Kardha police station against her should not be cancelled."
(2.) Pursuant to the aforesaid notice, the learned Additional Public Prosecutor as well as the learned counsel for the non-applicant have been heard.
(3.) In view of an audit report submitted by the Auditor, Cooperative Societies, Bhandara with regard to misappropriation and defalcation of various amounts of members/depositors, Crime No. 113/2016 was registered on 09/12/2016 for the offence punishable under Sections 409, 420, 468, 471, 477(A) read with Section 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Depositors (Financial Establishment) Act, 1999. As per the said report, the non-applicant who was the Chairman of the Managing Committee of Laxmi Rural Nonagricultural Activities Cooperative Credit Society Ltd. along with other members of the Managing Committee were alleged to have indulged in defalcation of an amount exceeding Rs. 7 Crores as well as gold exceeding 7 kg. Pursuant to the lodging of this report, the non-applicant filed an application under Section 438 of the Code of Criminal Procedure 1973. By order dated 03/02/2017 this application came to be allowed. The relevant portion of said order reads thus : " Perused application and say of Additional Public Prosecutor and Investigating Officer. Also perused case diary. Heard both sides. It is apparent from record that the allegations are concentrated against two persons, although name of the applicant is figured in F.I.R. as a Director. In such circumstances, it cannot be said that there is prima facie any overt act on the part of the applicant. However, taking into consideration facts and circumstances of the case and in order to afford opportunity to the Investigating Agency, it is expedient in the interest of justice to require applicant to attend police station. " Certain conditions with regard to attendance of the non-applicant were also imposed. ;


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