- 1 - 533.534.585 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.533 OF 2011 Mr.Deochand Parshuram Shetye .. Applicant vs The State of Maharashtra .. Respondents with ANTICIPATORY BAIL APPLICATION NO.534/2011 Mr Ratilal Pitambar Bhole .. Applicant vs The State of Maharashtra .. Respondents with CRIMINAL APPLICATION NO.582/2011 Mr.Rajendra Paramanand Shetye .. Applicant vs The State of Maharashtra .. Respondent with CRIMINAL APPLICATION NO.583/2011 Mr.Umesh Manohar Chamankar .. Applicant vs The State of Maharashtra .. Respondent with CRIMINAL APPLICATION NO. 584/2011 Mr.Santosh Prabhakar Bidoo .. Applicant vs - 2 - 533.534.585 The State of Maharashtra .. Respondent Mr.R.D.Soni with Mr.V.S.Kasle i.b.Ms.Kamla Bhatt for Applicant Ms.S.V.Sonawane APP for State Anticipatory Bail Application No.585/2011 Not on board but taken on board alongwith connected matters CORAM: J.H.BHATIA, J DATE: 24 th August 2011 P.C. 1. All these Applications were filed for seeking anticipatory bail in crime No.20 of 2011 registered with Anti Corruption Bureau, Mumbai for the offences punishable under sections 13 (1)d) and 13(2) of the Prevention of corruption Act, 1988 and under sections 465, 467, 468, 471,420,read section 120(b)and 109 of the Indian penal code. 2. The prosecution case in brief is that out of these Applicants,Applicant Devendra Shetye was the Chief executive officer and Applicant- Ratilal Bhole was the Branch Manager of Bhandari - 3 - 533.534.585 Cooperative Bank Ltd. The Applicant Sandesh Nagvekar was the Chairman and other three Applicants namely Umesh Chamankar, Rajendra Shetye and Santosh Bidoo were the Directors of the said bank. They had sanctioned housing loans in favour of 69 employees of B.E.S.T. for purchase of flats in two buildings to be constructed by the two builders, namely Laxman Divekar and Sudhakar Mhatre. Inspite of the legal opinion of Advocate Prakash Shenoy raising question in respect of certain documents including non-registration of documents of land in favour of the said builders. The objection by Ratilal Bhole about salary and repaying capacity of the employees loans were sanctioned. Not only the loans were sanctioned but, the amounts were immediately transferred to the accounts of those Builders directly. The total amount involved in these two loans was to the tune of Rs.6,25,53,000/-. Later on it was revealed that the said builders had produced bogus documents about the lands on which they - 4 - 533.534.585 had proposed to make development and also that they had not at all made any construction. They had shown some buildings under construction but, they were totally different and not for the employees of the B.E.S.T. Therefore, these offences came to be registered. 3. Heard learned counsel for the parties. After perusal of the record and the material available with the prosecution, Mr.R.D.Soni learned counsel for the Applicants makes a statement that Deochand Shetye, Chief Executive Officer,Umesh Chamankar and Santosh Bidoo, who were two of the Director, have been already arrested. The Applicant-Rajendra Shetye and Sandesh Nagvekar were the Directors and Chairman respectively when these loans were sanctioned overruling all the objections. Therefore, the learned counsel does not want to press the Applications for anticipatory bail for these five Applicants. - 5 - 533.534.585 4. On perusal of the record and particularly the minutes of the meeting dated 1.1.2011, in which the discussions had taken place about these loans and they were approved, I find that Applicant-Ratilal Pitambar Bhole who was the Branch Manager had raised objections about the sanction of the loan. In fact, the Chief Executive Officer Devendra Shetye had also raised serious objections about the documents which were produced by the said builders but, Umesh Chamankar, had played very active role in bulldozing the loan proposals and he convinced the Chairman and other Directors in sanctioning the loans inspite of the objections pointed out even in the legal opinion of Advocate Prakash Shenoy. 5. The learned APP contended that Ratilal Bhole was the Branch Manager and had actually disbursed loan and therefore he is equally guilty. At this stage, it cannot be decided whether he is guilty or not but the fact remains - 6 - 533.534.585 that he was an employee of the bank and was posted as Branch Manager. He was not one of the members of the committee which could sanction loan. The loan was sanctioned by the Board of Directors and as an employee of the bank, he was bound to obey the directions. Merely because he obeyed the directions given by the Board of Directors, who had sanctioned the loans, prima facie, it cannot be inferred that he was part of the conspiracy. At least the circumstances are such that anticipatory bail cannot be refused to him. 5. For the aforesaid reasons, Anticipatory Bail Application No.534 of 2011 is hereby allowed and in case of arrest in Crime No.20 of 2011, the Applicant Ratilal Pitambar Bhole shall be released on his executing P.R.bond in the sum of of Rs.25,000/- with one or two sureties in the like amount with the condition that shall make himself available to the police as and when required for the purpose of interrogation and - 7 - 533.534.585 investigation and he shall make available all the relevant documents and material which may be required for the investigating agency and shall not misuse the bail. Remaining Applications stand disposed of as not pressed. J.H.BHATIA, J