KONDIRAN DHONDIRAN SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Anticipatory bail application filed by the petitioners before the Sessions Court, Bombay, has been rejected on 24th July 1997 and, therefore, petitioners have approached this court.

(2.) The petitioners were Chairman and Secretary of Gulprabha Co-operative Credit Society Ltd., Kumbhar Wada, Bombay. The material allegations against the petitioners are that they entered into an agreement with the son of the petitioners No.1 by name Prakash and obtained office premises in the society on leave and licence basis, on the licence fees of Rs.8,000/- per month, and Rs.6 lakhs by way of deposit. This leave and licence was renewed from time to time and at each renewal Prakash was paid such amount and thus total amount of Rs.16,20,000/- has been disbursed to the said Prakash K. Shelar, from the funds of the society. This is alleged to be done in contravention of the Rules and bye laws of the society. That way petitioners are alleged to have misused their position as office bearers of the society and disbursed large amount in favour of their relatives. Loan of Rs.1 lac is also alleged to be given to the daughter of petitioner No.1 from the Society funds, on the pretext that she wanted to construct/ purchase a house. That is how, offences under sections 403, 405, 409, 420, 465, 471 r/w 120-B of the Indian Penal Code, are alleged to be committed.

(3.) It is seen that this petition has been filed on 12-8-1997 and since that day, petitioners have been granted protection from arrest on condition to co-operate with the investigation and attend the police office whenever required, that is alleged to be complied with. Shri Mundargi for the petitioners further submits that all records and documents have been seized by the police. From the nature of the allegations made, it appears that the case is mainly based on the documentary evidence. Shri Galeria, A.P.P. for the Respondent-State, yesterday, made a statement that the position would be made clear today. Accordingly, Shri Shinde, Police officer from G.B.C.B., C.I.D., Bombay is present today.