1 CRI.APPLN.NO.5189/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5189/2010. (Rajendra Anandram Mantri Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.VB Patil, Adv. for applicant; Mr.NB Patil, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 11 th January, 2011. ... 1) Heard. 2) The accused/applicant seeks protection in terms of section 438 of Cr.P.C. for offences under Sections 420, 465, 467, 468, 409 r/w 34 of IPC in Crime No. 98/2010. 3) The learned Counsel for the applicant/accused submits the applicant/accused had accounts with Shri Siddhi Vyankatesh Cooperative Bank, Jalgaon against a valid mortgage. Whatever transactions having been taken place are in the legal frame. Even if there is mis-match of withdrawals, same can be taken care of by virtue of bank’s power to dispose of the mortgaged property. The Counsel reiterates, no offence of misappropriation is made out 2 CRI.APPLN.NO.5189/2010 against the applicant. 4) Though there are three accounts of the applicant/accused, the F.I.R. clearly illustrate that an amount of Rs. 8,81,862/- are withdrawn from his account, particularly when there was no credit balance in the account. This withdrawal though is claimed to be dealt by the Manager, however, it is not without primary nexus of the applicant/accused. Other irregularities in operating the account has been indicated in the statement. 5) No case to entertain pre-arrest bail is made out, the application is rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/