1 CRI.APPLN.NO.5421/2010. 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5421/2010 (Manoj @ Manohar Narsing Dayama Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Joydeep Chatteji, Adv. for applicant; Mr.NB Patil, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 6 th January, 2011. ... 1) Heard. 2) The applicant/accused, a bank employee, was working in Saving Account and during his tenure embezzlement to the tune of Rs.25,43,804 has occassioned. for the period from 1.1.2006 to 31.12.2009. In a systematic network, the amounts from the different depositors’ accounts were withdrawn and whenever such depositors used to come to withdraw the amount, the accounts used to be rectified by immediate short treatment. However, the record illustrate prima facie the applicant/accused accepted that he has received Rs.7.05 lakhs to 8 lakhs in such activities by misappropriating the depositors’ amounts, he used to credit the other receipts to Mr. Joshi and 2 CRI.APPLN.NO.5421/2010. Vasant Darje. 3) At this stage, it cannot be said that there is no custodial interrogation warranted. No case made out to exercise discretion in terms of Section 438 of Cr.PC. The application rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/