1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4820 OF 2009 Mubarak Saifar Naikwadi .. Applicant V/s The State of Maharashtra .. Respondent ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. V.V. Purwant for the applicant. Mr. A.S. Gadkari, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 10TH FEBRUARY 2010 P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No. 507 of 2008 registered at Mohol Police Station, District Solapur, for an alleged offence punishable under sections 406, 408, 409 and 420 of the I.P.C. 2 2. The applicant was a recovery officer in Priyadarshini Nagrik Sahakari Patsanstha Ltd. (for short “the Society”) for a period of 8 years. He resigned the job for better prospects on 31st March 2008. After the audit, it was discovered that there were certain irregularities in sanctioning of loans by the directors (members of the managing committee) of the Society. On the basis of the audit report, on 1st December 2008 a show cause notice was issued to the applicant why action should not be taken against him in respect of sanction of three loans of Rs.6,000/­, Rs.7,000/­ and Rs.7,000/­ respectively advanced in the year 2005. The notice also alleged that amounts of Rs.2,447/­, Rs.2,465/­ and Rs.5,618/­ were due in respect of the said loans as on the date of the notice. Thereafter an F.I.R. was lodged on 14th December 2008 against the members of the managing committee and employees including the applicant for the alleged improper sanctioning of loans and thereby causing loss to 3 the Society. 3. It appears that on 6th October 2009 the applicant was taken in custody and he was released by way of an interim bail on 10th October 2009. However, his bail application was finally rejected by an order dated 15th October 2009. Thereafter he surrendered to the Sessions Court and applied afresh for bail in pursuance of an order passed by this Court on 20th July 2009 in Criminal Application No.1988 of 2009. The application was rejected by the Sessions Court, but I am informed that the applicant has not been taken in actual custody though his bail application has been rejected. The applicant is present in the Court and by this application he has prayed for bail. 4. Though the F.I.R. mentions about the illegal sanction of 44 loans by the members of the managing committee, we are not concerned with them. So far as the present applicant is 4 concerned, the applicant is concerned only in respect of grant of 3 loans mentioned above. The total amount due under the 3 loans is about Rs.10,000/­. The allegation against him is that he helped the members of the board of directors in sanctioning of the loans. There are no specific allegations as to the role played by him. Since he was only a recovery officer, prima facie, he was not even concerned with the sanction of the loans. But assuming that he was in any way concerned with the same, the allegation against him is only in respect of 3 loans, total outstanding of which is about Rs. 10,000/­. In the circumstances, in my view, the applicant can be granted bail. Hence, I pass the following order: ORDER The applicant is granted bail on his executing a personal bond of Rs.10,000/­ with one surety of the like amount. (D.G. KARNIK, J.)