1 Cri.Appln.No.4796/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4796/2010 ( Sharad s/o Hiralal Nikhare 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. SG Chapalgaonkar, Adv. for Applicant; Mr. VH Dighe, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 24 th March, 2011. ... 1) Heard. 2) The accused/applicant, a bank employee, seeks pre-arrest bail in Crime No. 296/2010 of Sadar Bazar Police Station, Jalna, for an offence under Section 406 and 420 of Indian Penal Code. 3) It is primarily indicated that the accused/applicant unauthorizedly, from the accounts of other customers of the bank, withdrew an amount of Rs.37,423.55 ps. during the long duration between 7.11.2007 and 14.9.2010. Such amount was apparently credited by him to his SB A/c No.207/17794. He also unauthorizedly availed/withdrawn officiating allowance of Rs.24,228/-, firstly debiting to Account No.862/2000 and then credited to his SB Account 207/17794 and then transferred to Account No.402/29299. The 2 Cri.Appln.No.4796/2010 accused/applicant is presently posted at Nasik as Assistant Manager in Regional Office of the Union Bank. By communication dated 18th October, 2010, he has been suspended from service of the bank, pending investigation/disciplinary action. 4) Learned Counsel for the accused/applicant, by placing reliance to the medical papers, submits, that the accused/applicant has undergone coronary angiography in this month and under medical advice, has to adhere rest. There were around 60% blockages in the arteries noticed by the medical expert, hence the Counsel urge, to continue interim protection of pre-arrest bail to the applicant. 5) I quite see that the accused/applicant is not keeping well and has undergone a traumatic physical condition of health hazards – coronary angiography. However, considering the depth of the offence committed by him, fracturing the belief of account holders of the bank, withdrawing the amounts unauthorizedly and crediting the same to his SB account for self benefit, warrants custodial interrogation to know from him, his associates in the network and also the other such events, if any, activated by the accused/applicant. So far as his 3 Cri.Appln.No.4796/2010 health plight is concerned, due care, as is directed, would be taken. Hence order. 6) Grant of pre-arest bail in Crime No. 296/2010 rejected. Interim protection dated 25.11.2010 is terminated. 7) The accused/applicant since has suffered and undergone coronary angiography, the Investigator immediately, after surrendering of the accused and taking him in fetters, shall ensure to refer him to Government Hospital at Jalna, where adequate facilities for treating a patient, suffering from heart ailments/problems, are available. The investigator would certainly avoid risk/hazard if the accused/applicant, any time after his surrender, complains about untoward/abnormal physical condition. 8) Criminal Application disposed of as above. (K.U.CHANDIWAL) JUDGE bdv/