1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1671 OF 2010 Shri. Nagesh s/o. Jagdishrao Deshpande ....Applicant. Versus The State of Maharashtra ....Respondent. Shri. A.S. Shelke, Advocate for applicant. Smt. Vaishali Shinde, A.P.P. for State. CORAM : S.V. GANGAPURWALA, J. DATE : 28th May, 2010 PER COURT : 1. The present applicant is sought tobe prosecuted under sections 420, 468, 406, 114 r/w. 34 of Indian Penal Code. The applicant is bank official. The allegations are that the applicant was negligent in verifying the documents and has sanctioned and disbursed the loan to the accused No. 1 wherein the present applicant is shown as a guarantor. It is the case of the complainant that he has not mortgaged the property and still the charge was created on his property. 2. The alleged act is said to have been committed in the year 2005. 2 The charge of mortgage was recorded on the relevant 7/12 extract in the year 2005. The complaint has been filed in the year 2008. The learned A.P.P. states that the custody of the applicant is necessary to verify the documents and was also to interrogate him regarding the alleged acts. 3. The record is in the custody of police officials. The complaint is lodged in the year 2008. Almost it is more than two years over now. It cannot be said that investigation is still required to be made. Moreover, the applicant is banker and the only allegation against him is that he was negligent in performance of his duties by not verifying the documents and not ascertaining the genuineness of the said documents. Negligence on the part of the applicant cannot come within the ambit or purview of sections 420 and 468 of I.P.C. Moreover, prima facie no unlawful gain has been attributed to the present applicant in the whole process. 4. In the light of above, in the event of arrest in connection with Cr.No. M-15/2008 of Kranti Chowk Police Station, Aurangabad, the applicant be released on bail on executing P.R. Bond for the sum of Rs. 20,000/- (Rs. twenty thousand) with one surety of the like amount. [ S.V. GANGAPURWALA ] VACATION JUDGE ssc/criapln1671.10