Bombay High Court
Anand Ashoklal Bhalgat vs The State Of Maharashtra on 24 September, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 ANTICIPATORY BAIL APPLICATION NO.1216 OF 2019
ANANDKUMAR ASHOKLAL BHALGAT
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicants : Mr. Bora Satyajit S.
APP for Respondents: Mr. S.D. Ghayal
.....
CORAM : V. K. JADHAV, J.
DATED : 24 th SEPTEMBER, 2019 PER COURT:-
1. Learned counsel for the applicant submits that on the basis of the complaint lodged by Sow. Suvidya Suvijay Somani in connection with certain incidents of misappropriation in Shri Venkatesh Gramin Bigar Sheti Co-operative Credit Society Ltd. Sonai, Tq. Newasa, District Ahmednagar (hereinafter for the sake of brevity referred to as the "said society"), crime No. 31 of 2018 came to be registered at Sonai police station, District Ahmednagar against the Manager, Clerk and Cashier of the said society. Learned counsel submits that even investigation was carried out in respect of the said crime and charge sheet has been submitted before the court against those three persons. Learned counsel submits that thereafter on the basis of the complaint lodged by the Special Auditor Shrinivas Devidas Kulkarni in respect of the same allegations of misappropriation in the aforesaid society, separate F.I.R.
bearing No. 153 of 2018 against all the Directors, including the applicant came to be filed.
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2. Learned counsel for the applicant has placed his reliance on two judgments of the Supreme Court in the cases of Babubhai vs. State of Gujarat and others, reported in (2010) 12 SCC 254 and T. T. Antony vs. State of Kerala and others, reported in AIR 2001 SC 2637. The Supreme Court dealt with the case wherein, in respect of the same cognizable offence and same occurrence, two FIRs had been lodged. It has been held that there can be no second FIR and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences. The investigating agency has to proceed only on the information about commission of a cognizable offence which is first entered in the Police Station diary by the Officer in-charge under Section 158 of the Code of Criminal Procedure, 1973 and all other subsequent information would be covered by Section 162 Cr.P.C.
3. In the instant case, it appears that on the basis of the report filed by the Special Auditor in respect of the said society pertaining to the same aspect of misappropriation on the basis of the statements of some of the depositors, fresh crime has been registered. Prima facie, it appears that the said part is also covered by the earlier F.I.R. for which charge sheet has been submitted before the Court. Learned A.P.P. is requested to take specific instructions from the Investigating Officer in this regard and he may instruct the Investigating Officer to get advice from the superiors, if it is so needed, about the second F.I.R. ::: Uploaded on - 24/09/2019 ::: Downloaded on - 25/09/2019 06:37:36 :::
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4. Meanwhile, the applicant, so far as the present crime is concerned, needs to be protected.
5. In view of above, until further orders, in the event of arrest of the applicant ANANDKUMAR ASHOKLAL BHALGAT in connection with crime No. 153 of 2018 registered with Sonai Police Station, District Ahmednagar for the offences punishable under sections 406, 409, 420, 467, 468, 120-B of I.P.C. and Section 3 of Maharashtra Protection of Interest of Depositors Act, 1999, he be released on furnishing personal bond of Rs.15,000/- with one surety of the like amount, on the following conditions:-
a) The applicant shall not tamper with the prosecution evidence in any manner.
b) The applicant shall make himself available as and when required by the investigating officer for carrying out further investigation in the crime, if any.
6. Stand over to 09.10.2019.
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