COURT ON ITS OWN MOTION Vs. MANISHA

JUDGEMENT

(1.) On 13/06/2017 the following order was passed while considering the anticipatory bail application of another co-accused :

(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 :