1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2967 OF 2009 Ramesh S/o Baburao Patil Versus State of Maharashtra and another *** Mr. J. V. Deshpande, Advocate for the Applicant. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 8th SEPTEMBER, 2009. 1. Heard Mr. Deshpande for the accused/ applicant extensively, who seeks pre-arrest bail in Crime No.I-15 of 2009 registered at Paradh Police Station for the offence under sections 420, 409 read with 34 of IPC. 2. Counsel submits, the accused/ applicant is 56 years old now, and has undergone heart problems, mentally depressed, he has not gained anything out of the so called irregularities arrived at the bank where he was the Branch Manager at the material time. According to the counsel since the bank has to carry regular audit, such irregularity should have been noticed in past, however, there is nothing to implicate 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the accused. The counsel contends that the report of the other Branch Manager appointed to investigate the matter, speaks of the irregularities but it will not be misappropriation at the instance of the accused/ applicant. 3. These contentions raised by the learned counsel can best be answered by a fact that in 860 cases where the beneficiaries were to collect the amount, provided by Government under the scheme cotton wilt called as "Lalya Rog", did not reach the beneficiaries and it was siphoned off, or in few cases credited to some other accounts. 4. The contention that the accused/ applicant is not the beneficiary thereof, at this prima facie level, cannot be accepted, as the indepth inquiry was carried wherein 860 entries were verified, out of which 570 entries were shown handled with irregularities and in 290 entries/ cases there was misappropriation. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. At the behest of the department, independent Chartered Accountant caused inquiry and by report dated 26th May, 2009 fixed the liability as against the present accused/ applicant showing the particulars and the financial responsibilities. The mistakes shown by the Chartered Accountant are the list did not contain detailed address of the beneficiaries thereby increasing the confusion. It is more than clear that though the accused/ applicant has deposited Rs.80,000/-, which the counsel submits, to have been so done under coercion but there is apparently embezzlement of the amount required to be distributed to the beneficiaries. Consequently, no case for pre-arrest bail. Application rejected. The observations are prima in nature. [K. U. CHANDIWAL, J.] Dated:08/09/2009. ans/2967