ANIL SATISH BANDIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No.602/2019 registered with Pathardi Police Station, Dist. Ahmednagar dated 31.10.2019 for the offence punishable under Section 420 , 408 of the Indian Penal Code.

(2.) Heard learned Advocate Dr. Tawshikar holding for learned Advocate Mr. Shaikh Mazhar A. Jahagirdar for the applicant and learned APP Mr. S.P. Sonpawale for State.

(3.) It has been submitted on behalf of the applicant, that informant is the Secretary of one Trust by name 'Shree Tilok Jain Dnyan Prasarak Mandal'. The said Trust runs Marathi as well as English school. It is stated, that the English School started in village Pathardi belonging to the Trust in the year 2011-2012 by name Shree Tilok Jain English Medium School. Standard 4th was included by natural increase in 2019-2020. The school is run on non grant basis. The fees of the Headmaster, Teacher and other employees is mitigated through the fees collected from the students as well as fees given for school bus. The applicant came to be appointed as Headmaster in 2016-2017. It has been stated in the FIR, that there were about 198 students taking education in Nursery to 3 rd standard in the said school, in the academic year of 2018-2019. The school had adopted a practice, that the fees would be collected by the Class-Teacher and the Class-Teacher used to hand over the amount, so collected, to the Headmaster. The Trust had given authority to the Headmaster to deposit the collected fees in the Bank account of the Trust. Headmaster was supposed to prepare the list and then deposit the amount with the Bank account. It has been contended, that the applicant has committed misappropriation of Rs.8,76,855/- by non depositing the said amount, and thereby misappropriated and cheated the Trust. It can be seen, that the applicant is an educated person. In fact, the students had not deposited the fees, and therefore, there was no question of depositing any amount with the Bank account. The educational institution is very old and running the schools and Trust since last more than 50 years, and therefore, it is highly improper, that they would not have appointed a Clerk to accept the fees from the students and do the Bank work. Each and every year audit has to take place and if at all the misappropriation would have been committed, it would have been noticed much earlier. The starting point of the offence is stated to be from 20.06.2018 till 13.10.2019. Under such circumstance, the FIR is belated and there is absolutely no explanation for delay in the FIR. The FIR is nothing but a consorted act on the part of Trustees, who now, want to appoint one Keshav Murti as Headmaster in place of the applicant. Physical custody of the applicant is not required, and therefore, the learned Advocate for the applicant prayed for grant of anticipatory bail.