Bombay High Court
Ashok Shripal Murchite vs State Of Maharashtra on 5 September, 2022
Bench: P. K. Chavan
902-ABA-2402-2022.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2402 OF 2022
Ashok Shripal Murchite ] Applicant
Vs.
The State of Maharashtra ] Respondent
.....
Mr. Rohit Mangsule, for Applicant.
Ms. Geeta P. Mulekar, A.P. P, for Respondent-State.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 5th September, 2022.
P.C.
1. Heard learned Counsel for the applicant and the learned A.P.P.
2. Apprehending arrest for the offences punishable under sections
406, 408, 420, 467, 468, 471, 474, 477-A r/w 34 of the Indian Penal
Code, the applicant has approached this Court seeking protection
from arrest in connection with C.R. No.233 of 2022 registered with
Hatkanangale Police Station, District Kolhapur.
3. At the outset, learned A.P.P submits that since Investigating
Officer is not present, she will not be in a position to assist the Court
as regards details of the alleged crime and, therefore, seeks some
time. However, she invites my attention to the impugned order
passed by the learned Additional Sessions Judge, Kollhapur who has
made following specific observations in paragraphs 6 and 7 which
are extracted below;
1 of 3
SHAILAJA Digitally signed by SHAILAJA
SHRIKANT HALKUDE
SHRIKANT Date: 2022.09.06 15:56:21
HALKUDE +0530
902-ABA-2402-2022.doc
"6. Prosecution submitted copy of Appeal
No.111/2020 and 112/2020 filed before the
Divisional Joint Registrar, Co-operative Societies,
Kolhapur filed by Shrikant Babaso Murchite and
Suresh Jinpal Murchite and others and learned
Divisional Joint Registrar, Co-operative Societies,
Kolhapur by Judgment dated 20/12/2021 ordered
that 'the inquiry report dated 13/07/2020 is hereby
set aside and matter is remanded back for a fresh
inquiry as per Law and Rules'. It shows that the
learned Divisional Joint Registrar, Co-operative
Societies not accepted report submitted by authorized
officer.
7. When the applicant/accused was the ex-
director of Laxmi Nagari Sahakari Patsanstha Ltd.,
Rui, he invested Rs.22 lac from Hatkanangale Taluka
Prathamik Shikshak Sevak Sahakari Patsanstha to
Laxmi Nagari Sahakari Patsanstha Ltd., but the said
amount is not shown in cashbook. The
applicant/accused along with co-accused, Suresh
Jinpal Murchite have made duplicate signatures and
also prepared Deposit Receipts and committed
misappropriation of Rs.1,58,38,240/-. The
Investigating officer already made inquiry with
accused No.2 to 4 and 6 to 8 and he found that
misappropriation amount is huge in nature. The
informant is Government Auditor, currently working
as the administrator of the Laxmi Nagari Sahakari
Patsanstha Ltd., and the applicant/accused is the ex-
director of said Patsanstha. So there is a possibility of
putting pressure on the informant".
4. Learned Counsel for the applicant further submits that the
applicant being Ex-Director of Laxmi Nagari Sahakari Patsanstha
Ltd., Rui, he is not aware as to how the amount alleged to have been
embezzled had not been shown in the cash book or as to how the
signatures are forged. However, he submits that the applicant would
co-operate with the Investigating officer, as and when summoned.
2 of 3
902-ABA-2402-2022.doc
5. Considering the nature of allegations and the fact that the
Investigating Officer is not present, till the next date, liberty of the
applicant needs to be protected subject to his attendance before the
concerned Investigating Officer from 12 th September, 2022 to 16th
September, 2022, till application is heard finally on merits.
6. Issue notice to the Investigating Officer and the learned A.P.P
returnable on 19th September, 2022.
7. Stand over to 19th September, 2022.
[PRITHVIRAJ K. CHAVAN, J.]
3 of 3
