1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CRIMINAL APPLICATION NO.3264/2009 Mr. A.P. Bhandari . adv. h/f S.V. Gangapurwala, adv. for applicant Mr. K.M.Suryawanshi APP for State. CORAM : K. U. CHANDIWAL, J. DATE : 06 TH OCTOBER, 2009. 1. Heard the learned counsel extensively. This is second bail application in terms of section 438 of Code of Criminal Procedure in crime No.97 of 2009. The earlier application being No.2458/2009 was rejected by order dated 05.08.2009 along with application of one Arun Apparao Sawrikar (application No.2399/2009). It was observed while passing earlier order that accused applicant Vitthal branch manager who allegedly is a whistle blower for the irregularities or illegalities committed by Shriniwaslu, the employee of the bank at the material time. However, during the course, an in depth investigation as to various embezzlements it revealed that hopping amount of Rs.15 lakhs was siphoned off from the Nationalized Bank at a systematic generation of amounts played by Shriniwaslu, the clerk in Bank. The counsel submits that so called irregularities to 2 the extent of amount Rs.3.00 lacs are during the tenure of earlier branch manager and it was subsequent that said Shriniwaslu played major role. The counsel submit that said Shriniwaslu was taken in custody he has been released on bail. There is already a deposit of Rs.6.00 lacs in the Fixed deposit of said Shriniwaslu which has been seized, this is communicated by Mr. Bhandari as per order of the Ld. Additional Sessions Judge who entertained bail application of said Shriniwaslu. 2. I find that it was not on one occasion but on number of occasion , the pass word of the accused applicant was used by Shriniwaslu. The counsel submits that the loan documents to which reference is given will be taken care at appropriate time as it is rectification of the record. It is informed due to custody of Shriniwaslu incriminating documents are taken by the investigator and nothing is to be recovered from accused/applicant. Accused-applicant has virtually no document in his possession. The password or the identity number was used by other employees due to heavy rush at the material time in the branch. During the course of submission, the counsel submits that the accused- applicant has put in a long service and without prejudice to his rights accused applicant is ready to deposit certain amount within stipulated time. 3. I find that the accused applicant has served in the Nationalized Bank for last 27 years. There was no such 3 eventualities giving a colour of his deed in his past activities. Though primarily there is negligence as either applicant was slack in his approach allowed a deliberate skidding. Since the bank is now restored with 6 lacs investigation is almost complete, in the light of statement of counsel , in the change set of facts, following order. O R D E R 1. In the event of arrest of accused-applicant Vitthal s/o Gyanoji Gadekar, he be released on his furnishing P.R. Bond and surety in the sum of Rs.25,000/- (Rs. Twenty five thousand) till charge sheet. 2. Accused-applicant shall, attend the investigator on every Sunday and Thursday between 05.00 p.m. to 07.00 p.m. till charge sheet 3. Accused-applicant Vitthal shall without prejudice to his rights deposit an amount of Rs.3,00,000/- (Rs. three lac) up to 14.12.2009 with the Bank. This will be subject to accounts and his liability if any to be fixed. 4. The accused-applicant shall make good by his cooperation to the investigator about the irregularities in the account including collecting proper loan papers from few of the borrowers reflected in the transaction in September, August and October, 2008. 5. Application allowed in above terms. [ K. U. CHANDIWAL, J. ) Dt : 06.10.2009 aaa/3264.09 ....