1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 74 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Prakash Naik for the applicant. Mr. Y.S. Shinde, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 15TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No.415 of 2009 registered with Pimpri Police Station, District Pune. 3. The applicant is working as an officer in the Canara Bank. He transferred an amount of Rs.15 lakhs from the account of the bank to his 2 personal account by electronic means. He then transferred another sum of Rs.3 lakhs in similar fashion. The applicant is therefore charged with an offence punishable under section 408 read with 34 of the I.P.C. 4. According to the applicant, he has repaid the sum of Rs.15 lakhs and therefore there is a mitigating circumstance. That is a matter to be considered by the regular court while awarding punishment. 5. According to the learned A.P.P., presence of the applicant is needed for the purpose of custodial investigation to ascertain how the hacking in the electronic computer system was made. This being a complex technical matter, interrogation would have to be custodial and some time aid of an expert would also be needed for the purpose of interrogation. The custody of the applicant is therefore required by the police. 3 6. Considering the nature of the offence and considering the fact that being a complex technical matter, interrogation may last for several hours and at different times, and some time even aid of an expert would be needed, in my view, custodial investigation is necessary. Hence, the application is rejected. (D.G. KARNIK, J.)