(1) CR.APP. 2028.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2028 OF 2009 Umesh S/o Nanasaheb Kawade, Age : 55 years, Occu.: Service, R/o : Sahakar Bank Colony, Railway Station, Jalna .. Applicant Versus 1] The State of Maharashtra, Through Police Inspector, Sadar Bazar Police Station, Jalna (Copy to be served on P.P. High Court of Bombay, Bench at Aurangabad) 2] The Superintendent of Police, Jalna, Dist. Jalna .. Respondents Mr. A.N. Nagargoje, Advocate h/f. Mr. D.M. Mane, Advocate for the Applicant Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 8TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 132 of 2009 of Sadar Bazar Police Station, Jalna. The applicant is accused of (2) CR.APP. 2028.2009 committing offences punishable under section 420, 406, 409, 468, 471 of the Indian Penal Code. 2] The applicant was working as a Branch Manager of a Bank. It is alleged that he managed to withdraw various sums from the accounts of such account holders, who were already dead. The incident of this misappropriation came to light initially in December, 2008. The Bank management started enquiry into the allegation and it was noticed that there were more than five persons involved in this act of fraudulent withdrawal of sums. Since beginning the Bank maintained that the applicant was one of the culprits in this episode. The Bank asserted that the Cashier of the Branch was also involved and was hand-in-glove with the applicant in this case. A departmental enquiry was initiated against the applicant as well as the Cashier. Later on, the complaint which the Bank lodged in this case, mentioned that it was the applicant alone who committed this offence. 3] It is seen that the Bank has changed it’s stand about how the incident took place and who all took part in the fraudulent activity. Due to this change of stand of the Bank, the prosecution case against the applicant has considerably been weakened. Besides since the alleged incident took place prior to December, 2008, there is hardly any (3) CR.APP. 2028.2009 need to put the applicant behind bar for custodial interrogation. The applicant deserves anticipatory bail. 4] In the event of the arrest of the applicant in this case, he shall be released on bail of Rs.10,000/- (Rs. Ten Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/8july9/cr2028.09