1 Criminal Application No.4895/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4895 OF 2010 Manoj s/o Zaverikant Shah ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.H. Kapadia, Advocate for the applicant Shri V.H. Dighe, A.P.P. for the respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 18th January, 2011 PER COURT : 1. Heard. The accused/ applicant was General Manager of P.K. Anna Patil Janata Sahari Bank Ltd., Nandurbar. The principal allegations against him could be that loan worth Rs.53.61 Crores were disbursed when the accused/ applicant was General Manager. The loan at Sr.Nos.15, 16, 37 and 47, as reflected in the F.I.R. were disbursed without security in their favour. Mr. Kapadia submits, paragraph 15 in the present petition clarifies the details of the respective loans referred at Sr.Nos.15, 16, 37 and 47 are recapitulate it was a loan of Rs.2,40,277/-, Rs.1,50,152/-, Rs. 20,16,075/-, Rs.5,23,009/-. The transactions at Sr. Nos.15, 16, 47 2 Criminal Application No.4895/2010 were old transactions, before the applicant assumed charge as General Manager. At the expiry of the term period, the applicant was required to get renewal, otherwise the matter could have gone to non-performing assets. The care that the applicant has taken, would not amount to infraction of his obligations as has been alleged against him. So far as loan at Sr.No.37 to Vijay Parsu Patil is concerned, the borrower is the General Manager of the Bank and at the time when the cash credit facility was given, he himself was loan officer, he recommended his loan and thereafter he has been showered benediction of the General Manager. The applicant, informs, the terminal benefits of said General Manager, borrower Vijay Parsu Patil are within the domain of the Bank. Though allegations are cast against the applicant, the Bank is at liberty for a lasso against said Vijay Parsu Patil. 2. Survey of above facts illustrate, custodial interrogation of the accused/ applicant in the embezzlement of the amount or squeezing Bank money is not warranted. 3. In the event of arrest of the accused/ applicant in C.R. No.173/2010, registered at Nandurbar Town Police Station, the applicant be released on furnishing P.R. bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). The accused/ applicant 3 Criminal Application No.4895/2010 shall attend the investigator and also the auditor in Crime No. 173/2010 on every alternate Sunday between 3.00 p.m. to 10.00 p.m. up to 31st March 2011. He will also co-ordinate the investigator if so notified in writing. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri48952010