1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2334/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.CV Thombre, Advocate for the applicant; Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 7 th August,2009. 1. Heard learned for the applicant/accused. 2. The applicant is a borrower of the Cooperative bank, where financial illegalities, irregularities of siphoning off huge amount have taken place. During the course of lodging of F.I.R., the applicant herein has deposited substantial amount, for which a statement is tendered. Now, according to the Counsel, Rs.11,00,000/- and odd are due, which the Counsel, on instructions, makes a statement, to be deposited by the applicant within a period of fifteen days. It is a matter 2 of record, a mortgage-deed allegedly executed by the present applicant is only for 7 R. of the property and the documents were not in order. However, considering the fact that major junk of the amount is recovered by the bank, and further assurance of depositing the amount by the applicant/accused, as indicated above, is given, now custodial interrogation of the applicant/accused Nitin s/o Arjun Shelke is not desired. Hence, order - 3. In the event of arrest of the applicant/accused - Nitin s/o Arjun Shelke in crime No.56/2007, registered at City Police Station, Beed, he be released on his furnishing a PR bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand). 4. The applicant/accused shall deposit an amount of Rs.11,50,000/- (Rupees eleven lakhs and fifty thousand) with the bank up to 21st of August, 2009, failure to comply, the discretion under section 438 3 of Cr.P.C. extended today in favour of the applicant shall be terminated. 5. The applicant/accused shall attend the Investigator as also the Auditor on every Sunday and Monday between 10.00 to 5.00 p.m. respectively for a period of six months. 6. It is clarified that the deposit to be made by the applicant/accused as indicated above, shall be without prejudice to claims and contentions of the applicant/accused. 7. Criminal Application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2334.0