1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION NO. 4141 OF 2008 Tanaji Anna Yadav @ Sanjay Namdeo Patil ..... Applicant. V/s State of Maharashtra ...... Respondent. ----- Mr. Rahul Kadom i/b Mr. Subhash Hulgalkar. Mr. Rajesh More, APP for the State. ------ CORAM: V.M. KANADE, J. DATE : 4th February, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. It is the prosecution case that accused Nos.1 and 2 represented that they are recovery officers of the Bank of Maharashtra and that they would be in a position to sell certain property which was attached on behalf of the Bank of Maharashtra – Complainant and others at a cheaper rate than the market rate. Relying on this representation, the complainant and others paid various sums of money to accused Nos. 1 and 2, who, in turn, opened an account in the name of the applicant in the Bank and, thereafter, the amount was withdrawn. There is no material to indicate that the applicant had opened that account in his own name in the said Bank. On the contrary, the Bank Officers state that accused No.1 had obtained an account opening form and had also obtained a letter of introduction and signature of one Mr. 2 Nalavade who was the officer in the Bank and third employee of the Bank had opened the said Account. All these officers have stated in their statements that they did not know the said Sanjay Namdeo Patil. There is no material on record to indicate that either the applicant had withdrawn any amount from the said Bank personally or any recovery was made at his instance. That being the position, there is a serious lacuna in the prosecution case regarding the role of the applicant. Apart from that the account was opened in his name, there is nothing on record to show that he was responsible for opening the said account. In view of this prima facie case is made out for bail. 3. Applicant be released on bail in C.R. No.139 of 2007 in the sum of Rs 25,000/- with one or two sureties in the like amount. Applicant shall report to Nigadi Police Station once in a month. 4. Application is disposed of. (V.M. KANADE, J.)