1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3082 of 2009 (Mohammad Ishaq s/o Mohammad Mussa vs. The State of Maharashtra and another) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Smt. S.S.Jadhav, APP, for the applicant. Mr. K.M.Suryawanshi, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/9/2009 P.C.:- 1. Heard learned Counsel for the accused/applicant. 2. The applicant is a teacher by profession, incidentally, happens to be brother of ex-chairman of the Bank. The Chairman is allegedly instrumental in misappropriation and siphoning off huge amount of the Bank. 3. The fact remains, there was entry of deposit of Rs. 2 6,00,000/- (Rs.six lacs) in the Savings Bank Account of the present accused/applicant. It is alleged that such deposit was not a genuine deposit but it was deposit of another borrower Bhanudas Devidas Wadmare who had availed financial assistance from the Bank. It is alleged, said Bhanudas entrusted Rs.6,00,000/- to the Chairman and the Chairman routed the same to the account of the present accused/applicant. 4. Learned Counsel for the accused/applicant submits, supported with extracts of two sale deeds that, there were, indeed, sale proceeds, received by the accused/applicant which collectively he has deposited in the Bank and it may be bona fide and genuine deposit made by him. Allegations of issuing a forged no dues certificate to Bhanudas Devidas Wadmare dt.2.1.2008 may be correct, however, I do not think that there is any concern of the present accused/applicant in such attempt or action. Considering 3 these situations, the custodial interrogation of accused/applicant not warranted. Hence order: ORDER (a) In the event of arrest of applicant Mohammad Ishaq s/o Mohammad Mussa, he be released on bail on furnishing P.R. bond and surety in the sum of Rs.15,000/- (Rs.fifteen thousand), till filing of chargesheet. (b) The accused/applicant shall attend the concerned investigator and complainant to explain his role about the deposit receipts, on every Sunday, till filing of chargesheet. Application allowed. (K.U.CHANDIWAL) JUDGE ... agp/3082-09crapl