1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1257 OF 2010 Mr. Kiran Naik. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr. A.P.Mundergi i/by K.S.Patil for the Applicant. Mr.A.S.Gadkari, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 8th April, 2010 PC : 1 This is an application for grant of anticipatory bail. The applicant is bank official working in clearing department of the HDFC bank. The applicant is shown as an accused in CR No. 463/2009 registered by Bundgarden Police Station, Pune for alleged offences punishable under Section/420,403,467,468,471 read with 34 of the I.P.C.. The allegation of the prosecution as can be gathered from the FIR is that a company by name RRB Energy Ltd. completed certain work for the Government company by name Maharashtra Energy Development Agency. The work consisted of setting up Wind Electric Generators. After the work was 2 completed the security deposit was returned by Maharashtra Energy Development Agency by various cheques. The case is that one Vishwas Ram Rathore was the Area Manager of Pune Division of M/s. RRB Energy Ltd. and he opened an account in the HDFC bank of an unregistered entity by name RRB Energy making his wife as nominee. Thereafter. The cheque received by RRB Energy Ltd. were deposited and were cleared. I am informed that Vishwas Rathore was arrested and an amount of Rs.74/- lacs out of Rs. 82.80 lacs has been recovered from him. Statement has been recorded and he does not implead anybody else. In so far as present applicant is concerned, the allegation is that he ought not to have allowed the cheque issued in the name of RRB Energy Ltd. to be encashed in the account of RRB Energy which had been opened by Vishwas Rathore for fraudulent purpose. On close scrutiny of the cheque, I find that in one cheque word Ltd. has been scoured out and has been signed by some authorized signatory for Maharashtea Energy Development Agency who has 3 signed the cheque in the first place. This prima facie indicates the involvement of the said authorized signatory. In another cheque dated 9.3.2009 which has been seized by the police signature is without scouring out word Ltd. is again signed at a place which would permit scouring of the work Ltd . In so far as bank officials are concerned if they received scoured cheque with the word Ltd. scoured by putting his signature next to the word scoured out, it is possible that they may form an impression that this has been done by the drawer of the cheque. There is possibility that some of the the cheques may have been cleared by mistake specially in view of the fact that authorized signatory has put his signature on some of the cheques where word Ltd. appears or has been scoured out. In so far as present applicant is concerned, I am inclined to grant bail to the applicant. It is therefore, directed that in the event of his arrest in pursuance of C. R. No.463/2009 registered by 4 Bundgarden Police Station, Pune, the applicant will be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he will report to the Investigating Officer once in a fortnight on every first and third Monday between 11.00a.m. and 5.00 p.m. It is expected that the Investigating Officer will conduct further investigation in respect of the the authorized signatory of Maharashtra Energy Development Agency as prima facie there appears to be material indicating his involvement. Application is disposed off. ( R.S. MOHITE, J.)