1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3328/2009. (Vishnu s/o Bhanudas Pawar Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Thombre, Adv. for applicant; Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 14 th October,2009. 1. Heard learned Counsel and learned APP. 2. This is second application moved by the accused/applicant since his earlier application bearing Criminal Application No. 2773/2009 with identical lis was rejected on 10th September, 2009. 3. The Counsel submits that the Fixed Deposit Receipts (FDRs) to which there is reference of changing in the figures, causing loss of Rs.4,40,000/- was the individual act of Shri Chavan, with which the present applicant/accused had virtually no role, barring taking entries in the computer. The amount was transferred in the name of son of the Manager Shri Chavan. 4. The amount of loan is raised on 30th September, 2006, when the 2 accused/applicant was holding the charge of Pigmy section. It is also informed that Rs. 12,300/- is deposited by Eknath Gaikwad. The changed circumstances also support all receipts tendered by the Counsel to analyze that the amounts indeed were withdrawn time to time by Shri Chavan, the manager and there was no active or passive role of the accused/applicant for such transaction. The accused/applicant being a Clerk, could not control the actions of the Manager Incharge of the bank. Taking these aspects into consideration and since Mr. Thombre, on instructions, makes a statement about deposit by the accused/applicant, following order. 5. In the event of arrest of the accused/applicant – Vishnu s/o Bhanudas Pawar, in Crime No.56/2009, registered at Beed City Police Station, he be released on his furnishing PR bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand) till charge sheet. 6. The accused/applicant shall attend the Investigator and the Auditor/Administrator on every Sunday between 10.00 a.m. to 5.00 p.m. till charge sheet. 7. The accused/applicant, without prejudice to his rights, shall deposit the amount of Rs.1,50,000/- (Rupees one lac fifteen 3 thousand) with the Bank up to 10th of November, 2009, failure to do so, the discretion exercised today shall be terminated. 8. Such deposit shall be without prejudice to the rights of the accused/applicant and he shall be entitled for its reimbursement, if ultimately the trial turns in his favour. 9. Criminal Application allowed in the terms indicated above. ( K.U.CHANDIWAL ) JUDGE bdv/cran3328.09