1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1755 OF 2009 CRIMINAL APPLICATION NO.1755 OF 2009 CRIMINAL APPLICATION NO.1755 OF 2009 Shri Sanjeev Vasantrao Nikam, .. Applicant. Vs. State of Maharashtra .. Respondent. Mr. P.G.Gharge, for the applicant. Mr.J.P.Yagnik,A.P.P, for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20.04.2009. DATED : 20.04.2009. DATED : 20.04.2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P for the State. 2. The applicant is seeking anticipatory bail in C.R.No.77 of 2008 of Wathar police station, Dist-Satara. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 406,463,464,415,416,417,465,467 r/w 34 of IPC. 3. The applicant was working as Manager with Yashwant Gramin Bigar Sheti Sahakari Pat Sanstha, (credit society), Pimpode, District- Satara. It appears that an audit of the said credit society was 2 2 2 done for the period between 1.4.2004 and 31.3.2005. During this period, the Auditor found, that several irregularities in sanctioning loans to several persons were committed by the Board of Directors and in view thereof, the crime came to be registered against all the twelve Directors of the society including Chairman and Vice-Chairman of the credit society, and the present applicant, who was working as Manager during the relevant period. This Court is informed that the Sessions Court has granted anticipatory bail to all the Directors of the Pat Sanstha vide order dated 18.2.2009 in Criminal Application No.537 of 2008. Mr Gharge, learned counsel for the applicant, submits that the Directors were the main accused, who were responsible for sanctioning and disbursing of loans to various persons without verifying their repayment capacity. Mr Gharge further submitted that the applicant is only an employee of the Pat Sanstha, who had carried the instructions issued by the Board of Directors in respect of disbursement of the loans. He, therefore, submitted that the present applicant was not at all responsible for sanctioning the loan proposals, and that he is entitled for anticipatory bail to the present applicant. Having considered overall facts and circumstances of the case and the 3 3 3 role played by all the Directors so also the present applicant, which caused loss to the credit society, and considering that all the Directors have already been granted anticipatory bail by the Sessions Court, I am inclined to grant this application for anticipatory bail. Hence, the following order. . In the event of arrest, the applicant be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount subject to the conditions as contained in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station every alternate day till 10.5.2009 between 10 am and 12 noon and make himself available for interrogation. Thereafter, he shall continue to report to the concerned police station on every alternate Saturday between 10 am and 11 am for a period of 90 days or till filing of the chargesheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)