1 CR.APL NO.1547/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 6. APPLN/1547/2011 SHRIKANT RAJARAM DESHMANE [Criminal] V/S THE STATE OF MAH AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Vivekanand B.Deshmukh, Adv., for the applicant. Mr.V.H.Dighe, APP for R.Nos. 1 and 2. ... CORAM: K.U.CHANDIWAL, J. DATE:26/4/2011 1. Heard finally. The accused/applicant was appointed as Chief Agricultural Officer in the Sugar Factory, by virtue of letter dt.4th Oct.,2010, however, he has allegedly resigned on 31.10.2010 ( Exh.C, page no.14). The complainant, officer of the sugar factory, has implicated the accused/applicant as a responsible officer in not monitoring the release of funds to the several contractors for transport of sugarcane from the agricultural fields to the sugar factory. It is pertinent that all the payments are made by cheques and the amount is en-cashed by such contractors. It is not the 2 CR.APL NO.1547/2011 accused/applicant who was alone instrumental in entering into the agreements with the contractor but it was a team of the officers in the sugar factory who was looking after the affairs. The whereabouts of few of the transporters are missing, however, for that purpose custodial interrogation of the accused/applicant is not imperative. I find, an amount of Rs. 60,00,000/- ( Rs. sixty lacs) is disbursed to several such contractors, however, for that purpose, again, the custody is not desirable as the sugar factory is at liberty to exhaust its remedies of recovery. There should have been projection of criminal intention on the part of the accused/applicant in inducing sugar factory to enter into agreements illegally and for his personal benefits. Nothing of the sort is surfacing. 2. The accused/applicant, owing to earlier direction dt.11.4.2011, has deposited an amount of Rs.3,00,000/- ( Rs. three lacs), without prejudice to his rights. Said amount to remain with the sugar factory till disposal of 3 CR.APL NO.1547/2011 the case. The interim protection dt. 11.4.2011 is made absolute. The attendance condition is modified. The accused/applicant to attend the investigator on every Sunday between 3 to 6 p.m. till 31st May, 2011. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1547-11crapl