Vandana Anil Kulkarni vs The State Of Maharashtra
2017 Latest Caselaw 6226 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

           ANTICIPATORY BAIL APPLICATION NO. 1351 OF 2017

 Vandana Anil Kulkarni                                            ...  Applicant
       Versus
 State of Maharashtra                                             ... Respondent

                                 .....
 Mr. Veerdhaval Kakade for the Applicant.
 Ms. A.A. Takalkar, APP for the State.
                                 .....


                                   CORAM : T. V. NALAWADE, J.

                                    DATE    : 16th AUGUST, 2017

 P. C. :

1. This Application is filed for relief of anticipatory bail in

C.R.No.711 of 2016 registered with Hadapsar Police Station, Dist.

Pune, for offences punishable under sections 420, 406, 465, 467,

468 and 471 of the Indian Penal Code.

2. Both the sides are heard.

3. The papers of investigation were made available for perusal.

4. The complainant - Sanjay Patil is a Government Auditor.

After conducting audit of Omkar Nagari Sahakari Patsanstha

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Limited, S.No.36/2, Krushnai Nagar, Kale Padal, Hadapsar, Pune,

for the period 01/04/2010 to 31/03/2011 he gave the report

against the present applicant and others who were responsible for

irregularities and misappropriation.

5. The present applicant was working as collecting agent for

the aforesaid financial institution. Her husband was Secretary of

the said institution. The allegations against the present applicant

are that after collecting money from account holders, she was not

depositing the amount regularly with the society and when the

amount went upto Rs.9 Lakhs, she took loan from the same

society and deposited it against the account of which she had

misappropriated. There is allegation that she and others had

opened a false account in the name of hotel Chaitanya and

amounts were credited in this account for misappropriation. There

is allegation that she caused loss of Rs. 13.22 Lakhs to the

institution.

6. Learned Counsel for the applicant submits that the applicant

had repaid the aforesaid loan in the year 2012 itself and there are

no dues against the present applicant. This circumstance cannot

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be considered in the proceedings like one. It can be said that when

the audits were started, the persons like the present applicant took

steps to see that no action is taken against him or her.

7. There are serious allegations against the office bearers,

including the Manager, Chairman, Secretary and others. Total

amount of Rs.60.50 lakhs is misappropriated by them.

The amount of Rs. 24.4 Lakhs was lost by the institution due to

the Chairman and his wife. The amount of Rs. 24.4 lakhs was lost

due to the husband of the present applicant who had joined hands

with the Chairman. There are separate allegations against the

present applicant of aforesaid nature. Such instances are

increasing day by day. Only poor persons go to such institutions

and keep their money, but persons like the present applicant

deceive such persons. This Court holds that relief cannot be given

in favour of the present applicant.

8. In the result, the application stands rejected. Ad-interim

relief granted earlier, stands vacated.

(T. V. NALAWADE, J.)

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