((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.7936 OF 2005 Anilkumar Vasantrao Kale Applicant versus The State of Maharashtra Respondent Mr.A.P.Mundargi, Sr.Counsel with Amol Patankar for applicant. Mr.S.S.Tatkare, APP for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December 2005 PC : 1. Heard Shri Mundargi for the applicant and Shri Tatkare - APP for respondent. 2. The applicant was during the period 23rd August 2004 to 17th November 2004 was working as Branch Manager, Kukudwad Branch of Satara District Central Co-op. Bank Ltd.. A C.R. was registered vide C.R.No.6/2005 with Mhaswad Police Station on 22nd January 2005 against applicant and others alleging offences under sections 408, 409, 420, 407, 468, 471, 477A, 411, 414, 201, ((-2-)) 109, 212, 34 IPC.. Investigation is complete and charge sheet has been filed. 3. It is alleged that one Arun Bhise at the relevant time was cashier of the bank, had in collusion with the accused misappropriated a sum of Rs.1,02,838/-. Upon complaint being lodged by the Managing Director, the said fraud has been enearthed. Details of the transaction when the present applicant was the branch manager, have been set out in the statement as well as in the present application. 4. It is contended that the offences are triable by Magistrate. Bail application was preferred but the Sessions Judge has rejected it despite investigation being complete and charge sheet being filed. It is now clear that as far as the applicant is concerned, he was at the relevant time the Branch Manager. As far as he is concerned, his role is that he conspired with main accused. It is alleged that the applicant is equally responsible for the said fraud. Although, all the interpolation in the bank records and registers as well as ledgers are done by the main accused, yet, the present applicant also is equally responsible. ((-3-)) 5. In my view, considering that investigations are complete and charge sheet is filed and the role that is attributed to the present applicant is not of personally fabricating the records or making necessary corrections and interpolations, but merely of conspiring with the main accused, this is a fit case where he should be enlarged on bail, with stringent conditions. Applicant has no antecedents. He is permanent resident of Satara District. He is willing to abide by such conditions as are imposed. 6. Accordingly, following order :- (i) The applicant shall be enlarged on bail in connection with C.R.No.6/2005 registered with Mhaswad Police Station, subject to furnishing a personal bond of Rs.25,000/- (Rs.Twenty five thousand only) with one local solvent surety in the like sum; (ii) The applicant shall report to the Mhaswad Police Station once a week on every Thursday between 5.00 p.m. and 7.00 p.m. till conclusion of trial; ((-4-)) (iii) The bail is granted subject to condition that the applicant shall not, directly or indirectly, make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with prosecution evidence. (iv) The applicant shall co-operate with the Trial Court for expeditious disposal of the trial. Any attempt by the applicant to delay the trial may be a ground for cancellation of bail. (v) Any observation/s made in this order shall not be constructed as any finding or any expression of opinion on the merits of the case at the time of trial. (vi) Application is disposed of in above terms. (S.C.DHARMADHIKARI, J.)