1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2566/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.Sadhana S.Jadhav, Advocate for the applicant; Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 7 th August,2009. 1. Heard learned for the applicant/accused - Mohan s/o Tukaram Salunke in Crime No. 56/2009 registered at City Police Station, Beed for the offence under Sections 409, 406, 420, 467, 468, 477 of IPC and U/s. 107, 34, 73(1, A, B) of Maharashtra Cooperative Societies Act. 2. The applicant/accused admittedly was a Cashier from 29.11.2003 to 2.8.2004 for a period of three months and 8 days based on official order. Thereafter he was transferred as a Pigmy agent to activate bank's generation of deposits. It is contended, he has facilitated transfer of Rs.1,00,000/- and Rs. 4,600/- to the account of Ashok Chavan's wife. He has also coordinated for Account No. 23/1357. 3. Learned Counsel pointed that these 2 entries of deviation or transfer of amount to wife's account was indeed effected by Ashok Chavan with which the applicant/accused had, as a clerk, no concern at the material time. The other allegations against the applicant/accused are of general character, as according to the prosecution, he was aware of the malpractices in the bank, but did not take requisite precautions. 4. The aforesaid set of facts disclose custodial interrogation of the applicant/accused is not warranted. Hence, order - 5. In the event of arrest of the applicant- accused - Mohan s/o Tukaram Salunke, he be released on his furnishing PR bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand). 6. The applicant/accused shall attend the concerned police and also the Auditor/complainant on Sunday and Monday respectively for a period of six months. 7. The applicant/accused shall not tamper with the prosecution witnesses or with the documents. ( K.U.CHANDIWAL ) JUDGE bdv/cran2566-09