1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.12/2010. (Bagwan s/o Mohammad Jamir Allaudin Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.KS Bhore, Advocate for the applicant/accused; Mr.VD Rakh, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 5th February, 2010. ... 1) Heard Mr.Bhore for the accused/applicant, Director of Heena Shahin Urban Cooperative Bank Ltd., Beed. The dubious resolution to which the accused/applicant was party, dated 16th March, 2007, disbursing loans to nine employees of the Bank, was one of the castigations to the accused/applicant. Apart from that, it was alleged, he facilitated loan to one Salim Osman Bagwan. 2) It is informed that already proceedings under Section 138 of the Negotiable 2 Instruments Act, are initiated against said Salim for amount of loan of Rs. 40,000/-. 3) Considering that other Directors, who were in similarly placed situation, having ensured to clear the so-called recommended loans, are directed to be released in terms of Section 438 Cr.P.C., I feel it essential to accord similar such benefit to the present applicant/accused. 4) During the course of submission, it also transpired that the applicant/accused is not keeping well, he has been admitted at hospital. This has been verified by the police authorities, report to this effect is tendered. 5) Learned APP submits that the liability against said Salim is not of Rs.40,000/- alone, but acused/applicant has also facilitated loan to Mohd. Juber Jameer Bagwan, his son, for Rs. 1,50,877/-. 6) Since the audit report indicts the accused/applicant for disbursing loan to 3 Mohd. Juber and Salim Osman Bagwan, total amount goes to Rs.2,89,940/-, which disbursement was at the instance of the accused/applicant, the applicant/accused is bound at this stage as life is to be fused in virtually a dead bank, which can only be possible by remittance indicated above. It will not be rattling contention of the accused/applicant, but the hole created by a systematic drill by the Director in association with the relations or other borrowers, can be taken care of. 7) Hence order - 8) In the event of arrest of the accused/applicant - Bagwan s/o Mohammad Zamir Allauddin in crime No.42/2009 registered with City Police Station, Beed, the accused/applicant be released on his furnishing bail and surety in the sum of Rs.10,000/- (Rupees ten thousand). 9) The applicant/accused has deposited an amount of Rs.40,000/-, pursuant to 4 directions dated 19th January, 2010. 10)The accused/applicant shall deposit an amount of Rs.2,49,940/- with the Bank within eight weeks, failure to entail in cancellation of the exercise. If the Auditor certifies that already the amount referred above is realized from the original borrower, the accused/applicant need not to deposit the same. However, he will make correspondence to the Auditor within a week from today and get clarification within a month from today. 11)The accused/applicant shall attend the concerned Auditor/Investigator on last Sunday of every month between 5.00 to 7.00 p.m. for a period of one year. 12)Criminal Application allowed in above terms. (K.U.CHANDIWAL) JUDGE bdv/cran12.10