Order 200826aba681.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 681 OF 2026. Smt. Anjali Sumant Pant -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri R.D. Karode, Advocate for the Applicant. Shri N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 20, 2026. Heard. 2. Apprehending her arrest in Crime No.375/2024 registered with Malkapur Police Station, District Buldhana for the offences punishable under Sections 420, 409, 406, 201, 120-B read with Section 34 of the Indian Penal Code, Section 146 of the Maharashtra Cooperative Societies Act, 1960 and Section 3 of the Maharashtra Protection of Interest of Depositors in Financial Establishments Act, 1999, the applicant is seeking pre-arrest bail. 3. The allegations in the first information report are that during audit of Unnati Mahila Nagari Sahakari Pat Sanstha Ltd., Rgd. 2026:BHC-NAG:10913 Order 200826aba681.26 2 Malkapur (Society) for the year 2022-23 it was found that misappropriation of certain amounts has been done by the office bearers and employees of the Society to the tune of Rs.10,13,47,850/-. Hence, the aforesaid first information report was lodged against accused persons, including the applicant. 4. The learned Counsel appearing for the applicant submits that though the applicant is Chairperson/President of the Society, she has not misappropriated the amount, however, it is the Manager who has misappropriated the same. Though the Audit Report shows some amount outstanding against her, the fact remains that entire amount has been misappropriated by the Manager of the Society. The learned Counsel submits that the applicant is an old aged lady of 72 years, suffering from several ailments, and further no purpose would be served by sending her behind bars. It is submitted that the applicant has applied for the re-audit and paid fees for the same to the District Deputy Registrar, and accordingly re-audit was directed, however, the Hon’ble Minister has set aside the said order of re-audit. It is his submission that there are lacunae in the audit report, and in such circumstances since enquiry under Section 88 of the Maharashtra Cooperative Societies Act was not conducted, only on the basis of Rgd. Order 200826aba681.26 3 the audit report, no liability can be fastened on the applicant. He contends that the first information report was registered in the year 2024, however, the investigating officer has not arrested the applicant till date, in such circumstances, the applicant deserves to be protected. 5. On the other hand the learned A.P.P. vehemently opposes the application by inviting my attention to the observations of the Auditor contained in the Audit Report and submits that the applicant is the master mind behind entire misappropriation. It is submitted that the applicant has facilitated her near and dear ones in availing loan facility, however, loan was not repaid. He submits that not only relatives, but also applicant personally has also misappropriated lakhs of rupees of the Society. In such circumstances, the applicant is not entitled to grant of interim anticipatory bail inspite of the fact that she is 72 years of age, as her custodial interrogation would be necessary since the total misappropriation amount is more than Rs.10 Crores, the money trail is required to be traced, the properties purchased and sold from and out of the misappropriated amount, and any other aspect in which investigation is to be made, are also required to be traced. The Rgd. Order 200826aba681.26 4 investigating officer has ran from pillar to post in search of the applicant, however, he was not successful. Therefore, considering the serious allegations and the misappropriated amount, the applicant is not at all entitled for grant of anticipatory bail. 6. I have considered the rival submissions of the parties and gone through the Audit Report along with the allegations against the applicant. It appears that the applicant is the President/Chairperson of the Society. The total amount misappropriated by the applicant and others, including the Directors, is to the tune of more than Rs.10 Crores. So far as the amount misappropriated by the applicant is concerned, prima facie it appears that it is to the tune of more than Rs.57 lakhs. It further appears that the applicant being the President has taken undue advantage of her position as she has facilitated the loan to her near and dear ones, without following proper procedure. It further appears that the applicant has also taken the amount of Rs.30.67,000/- as her sitting charge in absence of any Rule. It further appears that the loan amount of Rs.57,20,735/- was disbursed in favour of her son without documentation, and that amount was not repaid till date. Considering the Audit Report, I am of the considered opinion that there are serious allegations Rgd. Order 200826aba681.26 5 against the applicant. There is misappropriation of more than Rs.10 Crores which is against the duty of protecting the interest of depositors, entrusted on her being the President/Chairperson of the Society. The amount deposited are hard earned money of poor and middle class persons. The applicant instead of protecting their interest has misappropriated the amount along with others, and therefore, in such circumstances, she is not entitled for grant of anticipatory bail as her custodial interrogation will be necessary in order to trace the money trail, as well as, to get the information about properties purchased or sold from the said amount, so also for further investigation in the crime. It is to be noted that the applicant has avoided her arrest since last two years. The efforts made by the investigating officer to search the applicant at various places upto Pune, where her daughter is residing had gone in vain, since the investigating officer failed in his attempt in arresting the applicant. In such circumstances, for the aforesaid reasons, the application filed by the applicant is rejected. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 21/08/2026 16:38:29