1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICANT (ABA) NO.338/2011. (Shri Naresh Sitaram Khapekar Vs. The State of Mah. Thro. PSO PS Kalmeshwar, Dist. Nagpur) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.D. Khati, Advocate for the Applicant. Mr. N.R. Rode, APP for the Non-Applicant/State. ----- CORAM : U.V. BAKRE, J DATE : 17 th OCTOBER, 2011 1. Heard Mr. S.D. Khati, learned Advocate for the Applicant and Mr. N.R. Rode, learned A.P.P. for the Non- Applicant/State. 2. The applicant, who apprehends his arrest in Crime No.194/2011 registered at Police Station Kalmeshwar, District Nagpur for the offence punishable under Sections 406, 409, 464, 465 and 471 read with Section 34 of the Indian Penal Code, has filed the present application for anticipatory bail. 3. One Devendra Wankhede, Chief Administrative Officer, Nagpur District Central Co-operative Bank Ltd., Nagpur has filed complaint against the three persons namely the present applicant, one Arvind s/o Mahadeo Gadwe and Vinod Misal. The allegation against the present applicant is that he was a Cashier during the period from 06.09.2007 to March, 2009 and he has misappropriated an amount of Rs.70,000/-. 2 4. The learned Advocate for the applicant has pointed out a letter given by the co-accused namely Arvind Gadwe to the Bank wherein he has admitted his guilt and liability and also stated that the present applicant is totally innocent and that he is responsible for the said amount of Rs.70,000/-. The learned Advocate for the applicant has further pointed out that said Shri Gadwe by letter dated 23.04.2011 has forwarded the said amount of Rs.70,000/- to the office of the Bank. He has also shown a receipt received by the Bank pertaining to the said amount of Rs.70,000/-. 5. In view of above, police custody of the present applicant may not be necessary for any custodial interrogation and the applicant can be released on bail under certain conditions. 6. In the result, the application is allowed. In the event of the arrest of the applicant in Crime No. 194/2011 registered at Police Station Kalmeshwar, District Nagpur, he shall be released upon execution of personal recognition bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount under following conditions namely: (i) the applicant shall attend the Police Station Kalmeshwar as and when called by the Investigating Officer to do so. (ii) the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police 3 Officer. (iii) the applicant shall not leave the India without previous permission of the trial Court. 7. The application stands disposed of accordingly. JUDGE NSN