1 CA4808,4809,4810,4811/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4808 OF 2011 WITH CRIMINAL APPLICATION NO. 4809 OF 2011 WITH CRIMINAL APPLICATION NO. 4810 OF 2011 WITH CRIMINAL APPLICATION NO. 4811 OF 2011 Rajendra s/o Narsingrao Kallepwar Applicant V E R S U S The State of Maharashtra Respondent Mr. Chaitanya Dharurkar, Advocate for the applicant Mr. B.V. Wagh, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 9th December, 2011 PER COURT : 1. Criminal Application No. 4808 of 2011 relates to CR No. 57 of 2011, registered with Dharur Police Station, Dharur, punishable under Sect ions 420, 467, 468, 471, 409 read with Section 34 of the Indian Penal Code, concerning Jyotiba Shetimal Purwatha Va Witran Panan Sahakari Sanshta Ltd. Gavandara. 2. Criminal Application No. 4809 of 2011 relates 2 CA4808,4809,4810,4811/11 to CR No. 56 of 2011, registered with Dharur Police Station, Dharur, punishable under Sect ions 420, 467, 468, 471, 409 read with Section 34 of the Indian Penal Code, concerning Jagdamba Shetimal Purwatha Vitaran Va Panan Sahakari Sanstha Ltd. Chaudi, Taluka Dharur, District Beed. 3. Criminal Application No. 4810 of 2011 relates to CR No. 91 of 2011, registered with Ambajogai Police Station, Ambajogai, punishable under Sect ions 406, 407, 465, 468, 471, 409, 420 read with Section 34 of the Indian Penal Code, concerning Shetkari Sahakari Telbiya Krishi Prakriya Sanstha (Ltd.) Ghatnandur. 4. Criminal Application No. 4811 of 2011 relates to CR No. 50 of 2011, registered with Dindrud Police Station, Dindrud, District Beed, punishable under Sections 409, 420, 406, 465, 468, 471 read with Section 34 of the Indian Penal Code, concerning Sindphana Shetimal Purvatha Vitaran Sahakari Sanstha Ltd., Deodahiphal, Taluka Dharur, District Beed. 3 CA4808,4809,4810,4811/11 5. The Societies, mentioned above, are hereinafter referred as ‘said societies’ for the sake of convenience. 6. A F.I.R. has been filed by the Government Auditor in respect of the embezzlement of funds in each of the aforesaid society and the said F.I.R. has some relation with functioning of Beed District Central Co- op. Bank (hereinafter referred as ‘said Bank’). The present applicant in all these four cases is working as a Clerk in said Bank and he also deals with typing certain material on computer. 7. Loans came to be sanctioned to said societies in terms of lacs of rupees by the said Bank, and according to the prosecution, there is an embezzlement of funds so far as said Bank is concerned in the matter of grant of loans. It is also the case of the prosecution that the loan to the said societies could not have been granted by the said Bank as they were non- agricultural societies. 4 CA4808,4809,4810,4811/11 8. The present applicant has approached this Court for anticipatory bail as he apprehends that he would be arrested in all these four crimes. The learned Advocate appearing for the applicant had submitted that his client has been working as a Clerk in the said Bank and as a person who was required to prepare office-note concerning the request for loan by the above societies, he prepared a office-note and had put his signature below the said note, wherein it was categorically stated that the loan should not be granted to the said societies. According to him, this clearly goes to show that the sanction of loan was not as per the suggestion of the applicant and the applicant has no role to play in the matter of sanction of loan. It was his submission that the sanction of loan has been done by his superior officers. Learned Advocate appearing for the applicant further submitted that the applicant was an employee of the said Bank and has acted as per orders of his superiors and that he is innocent. 9. Learned A.P.P. had submitted that the 5 CA4808,4809,4810,4811/11 prosecution has been able to record the statements of some of its staff members who have stated that in the office-note dated 13th July, 2009 bearing No. 2905, the present applicant has cancelled the words “Ghatnandur” at two places and has scribed the word “Parli”. According to him, the loan amount which was granted to Shetkari Society could not have been paid through Parli Branch as the said society fell within the jurisdiction of Ghatnandur Branch, and as per rules, such a payment could have been made through the Ghatnandur Branch, and as the payment has been made through Parli Branch, there is a violation of rules. He had also submitted that one letter was sent by Ghatnandur Branch to the Manager of the finance department of the said Bank dated 7th July, 2009. In the said letter, instead of word ‘2’ denoting 200 Lacs, the figure ‘3’ was noted. Instead of word “nksu”ks”, alteration was made to make it as “fru”ks”. Learned A.P.P. had submitted that the custodial interrogation of the present applicant is necessary to investigate into the affairs of the said Bank and the fraud which is practiced by the Board of Directors as well as by the 6 CA4808,4809,4810,4811/11 present applicant. He had prayed for rejection of the anticipatory bail to the present applicant. 10. Having perused the record, it is abundantly clear that the first note prepared by the office of the said bank, duly signed by the present applicant, clearly indicates that the loan should not be granted. This would mean that the present applicant had done his job as per the rules, and it appears that after the aforesaid note, the Board of Directors have granted loan. In my view, on the basis of the record, it is apparent that the present applicant had no role to play in the matter of grant of loan. 11. So far as scribing of the word “Parali” at two places in the office-note dated 13th July, 2009, it is apparent on the basis of the record that the said alteration was done by the present applicant at the instance of Mr. Rajabhau Munde. If this be so, the present applicant can hardly be said to have participated in the alteration and there is nothing to 7 CA4808,4809,4810,4811/11 say that the present applicant has received any monetary benefit. In so far as the alteration in the letter dated 5th July, 2000, the said letter bears date “5th July, 2000” i. e. prior to sanction of the loan proposal / loan demand of the Shetkari Society was itself for Rs. 300 Lacs. Even if one accepts the submission of the learned A.P.P. that this alteration has been done from 200 Lacs to 300 Lacks by the present applicant, his custodial interrogation is not required. In the past, the applicant had reported to the concerned police station and there is no grievance about it. For the reasons mentioned above, I am inclined to observe that the custodial interrogation of the present applicant is not required. He can be suitably interrogated in a proper manner if necessary. He can be asked to give specimen handwriting so that the disputed handwriting as regards ‘300 Lacs’ appearing on the letter dated 5th July, 2000 can be compared with his handwriting. In addition to above, he can be put to terms as regards the attendance. 8 CA4808,4809,4810,4811/11 12. For the reasons mentioned aforesaid, I am inclined to grant anticipatory bail to the present applicant in all the four applications. Hence, following order is passed to dispose of all the applications : O R D E R 1. In the event of arrest of the applicant in connection with CR No. 57 of 2011, registered with Dharur Police Station, Dharur, District Beed, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall execute P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). He shall now report to the concerned police station on 13th December, 2011, and thereafter as and when called for. 2. In the event of arrest of the applicant in connection with CR No. 56 of 9 CA4808,4809,4810,4811/11 2011, registered with Dharur Police Station, Dharur, District Beed, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall execute P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). He shall now report to the concerned police station on 13th December, 2011, and thereafter as and when called for. 3. In the event of arrest of the applicant in connection with CR No. 91 of 2011, registered with Ambajogai Police Station, Ambajogai, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall execute P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). He shall now report to the concerned police station on 14th December, 2011, and thereafter as and when called for. 10 CA4808,4809,4810,4811/11 4. In the event of arrest of the applicant in connection with CR No. 50 of 2011, registered with Dindrud Police Station, Dindrud, District Beed, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall execute P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). He shall now report to the concerned police station on 15th December, 2011, and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/9/12/11