1 08 ABA 529.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.529 OF 2026 [Kashiram s/o Rajaram Menge .vs. State of Maharashtra, Through Police Station Officer, Police Station, Dabki Road, Akola, District-Akola] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O.Y. Kashid, Advocate for Applicant. Ms. Soniya Thakur, APP for Respondent-State. …………. CORAM : PRAVIN S. PATIL, J. DATE : 10-07-2026. 1. Heard. 2. In the present matter, on the basis of audit report of Gajanan Nagri Sahakari Pat Sanstha Maryadit, Akola, the offence is registered against the Directors, Manager and concerned employees by holding them collectively responsible for the misappropriation which was taken place during the financial year 2022 to 2024. 3. The learned APP has pointed out from the audit report that there are specific finding of the auditor about the account which was opened in the name of the present applicant. It is pointed out that all the entries are doubtful and, therefore, the auditor has specifically recorded that there is a misappropriation from the account of the applicant. 4. The learned counsel for the applicant instead of going into the merits of the matter has pressed this application by pointing out that the applicant is 84 years old and having various ailment due to the old age. According to the applicant, the offence registered against the applicant is based upon the documentary evidence and all the documents are now seized by the investigation officer in the matter. As such, considering this aspect of the matter, his custodial 2026:BHC-NAG:8733 2 08 ABA 529.26.odt interrogation is not necessary. The learned counsel for the applicant states that applicant is ready to cooperate in the investigation by attending the Police Station as and when called by the Investigation Officer in the matter. 5. In the present matter, from the facts and circumstances of the case, it is clear that it is not a case of flight risk or that there is any apprehension of applicant absconding or evading the ongoing investigation. Hence, considering this peculiar facts and circumstances of the matter and more importantly the age factor of the applicant, I am inclined to grant anticipatory bail to the applicant. Accordingly, following order is passed : O R D E R (i) In the event of arrest in connection with Crime No.0316/2026 registered with Police Station, Dabki Road, Akola for the offences punishable under Section 316(2), 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 3 and 4 of the Maharashtra Protection of Depositors (In Financial Establishment) Act, 1999 and Section 81(5B) of the Maharashtra Co-operative Act, 1960, the Applicant-Kashiram s/o Rajaram Menge be released on bail on executing P.R. Bond in the sum of Rs.50,000/- with one solvent surety in the like amount. (ii) The applicant shall attend the concerned Police Station as and when required by the Investigation Officer. The investigation Officer is requested to issue one day prior notice to the applicant to secure his attendance for the investigation describing the time and date in the notice. (iii) The applicant is directed to furnish his working mobile number to the investigation officer, so that the investigation officer should contact with the applicant along with address. (iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the 3 08 ABA 529.26.odt facts of the case so as to dissuade him from disclosing such facts to the court or any Police Officer. (v) The applicant shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the investigating officer. (vi) In case of breach of any conditions, the learned trial court is at liberty to cancel the bail after giving opportunity of hearing to both the sides. The application stands disposed of accordingly. (PRAVIN S. PATIL, J.) Gulande