1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2804/2009. (Baburao Maruti Dudhal and Anr. Vs. 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.SS Thombre, Advocate for applicant; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 10 th September,2009. 1. Heard learned Counsel. 2. In Crime No.56/2009, registered at Beed City Police Station, the applicant, who is a Director of Champavati Urban Cooperative Bank Ltd., Beed, seeks prearrest bail. The allegations are, he in the capacity as a Member of the Loan Sanction Committee, recommended loans to various persons and there are outstanding. 3. During the course of submissions, the learned Counsel informs, that the loans recommended by the applicant/accused are mostly to the employees of Municipal Council and there is regular remittances. That apart, in three Accounts, namely, M/s R.K.Traders; Thorat Vaijinath Nagorao; and New Sadhana Kirana Stores, amounting to Rs. 2 11,14,200/- are deposited time to time during this intervening period. 4. In the matter of Aarti Automobiles, though the liability was around Rs. 40,00,000/- is shown, however, original recommendation was for Rs.10,00,000/- which has been altered by the Chairman of the Bank without knowledge of the Director/present applicant. Consequently, prima facie, he will not be responsible for any embezzlement or fraud committed at the Bank. The applicant hails from the same place and during the course of submissions, the Counsel informs the applicant/accused will coordinate recovery with his utmost persuasion to the respective borrowers. 5. The other Director – Kailas s/o Eknath Lagad, has recommended seven loan proposals for personal loans; 12 proposals for salary pledge loans and two proposals for vehicle mortgage loans. As against such borrowings, four borrowers have cleared the outstanding loan amounts to the tune of Rs. 3,56, 721/-. There is no illegality that has been surfaced on the part of said Director – Kailas Eknathrao Lagad. In the situation, custodial interrogation not warranted. hence, order. 6. In the event of arrest of the applicants/accused – 1) Baburao s/o 3 Maruti Dudhal and 2) Kailas s/o Eknath Lagad, in connection with Crime No. 56/2009 registered at Beed City Police Station, they be released on their furnishing PR bonds and surety in the sum of Rs.15,000/- each (Rupees fifteen thousand) till filing of charge sheet. 7. The accused/applicants shall attend the concerned Investigator as also the Auditor on every Sunday till filing of charge sheet. 8. The accused/applicants shall furnish the record, which is in theie possession and also will coordinate recovery of outstanding. If any irregularity in the accounts is noticed, the applicants will ensure to rectify the same, being so notified by the Auditor. Failure to do so, the relief and protection granted will be terminated. 9. Criminal Application is disposed of in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2804.09