Cri.Application No.2550-2551/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2550 OF 2011 Kondiram s/o Balaji Dhavale .. Applicant Versus The State of Maharashtra through the Police Station, Chaklamba, Taluka Gevrai, District Beed ..Respondent - WITH - CRIMINAL APPLICATION NO.2551 OF 2011 Kondiram s/o Balaji Dhavale .. Applicant Versus The State of Maharashtra through the Police Station, Gevrai, District Beed ..Respondent Mr S.R.Bharad, Advocate holding for Mr V.D.Salunke, Advocate for applicant Mr V.H.Dighe A.P.P. For respondent-State CORAM : K.U. CHANDIWAL, J. DATE : 18th November 2011 PER COURT 1. Heard learned Counsel for the applicant and learned Assistant Public Prosecutor. 2. The Criminal Application No.2550 of 2011 is for bail in Crime No. 79/2010 of Chaklamba Police Station, while Criminal Application No.2551 Cri.Application No.2550-2551/2011 2 of 2011 relates to Crime No.171/2010 registered at Police Station, Gevrai. The offences in both against the petitioner Kondiram are revolving to Sections 420, 467, 468 read with Sec.34 of Indian Penal Code. It is undisputed that in both the crimes, charge-sheet is filed, investigation is completed. It is also not controversy that the accused/applicant Kondiram is retired in 2007 and he is presently 63 years old and is in custody in Crime No.171/2010 from 4.1.2011, while in Crime No.79/2010 from 21.12.2010. 3. The papers illustrate that the accused/applicant retired in 2007 as a Special Auditor or Inspector, facilitated his expertise in the field, by manipulating the Bank record, by using its vouchers, slips, to ensure misappropriation by adhering to a meticulous system of issuing advances of one branch to the other branch of the same Bank and thereby withdrawing the amounts, either in the name of his wife, his son or his relations D.B.Dhas or P.B.Asule. The total defalcation misappropriated, according to learned Assistant Public Prosecutor is Rs.72,93,000/- in both the crimes. 4. Several aspects were argued on earlier occasion when the bail Application Nos.998 of 2011 and 999 were rejected on 24.3.2011. Learned Counsel submits, thereafter a charge-sheet is filed in Crime No. 171 of 2010 on 27.3.2011 and hence, the learned Counsel has urged to Cri.Application No.2550-2551/2011 3 release the accused/applicant on bail. Learned Assistant Public Prosecutor reiterates, considering the amount involved, the Court may pass appropriate orders, to ensure the Bank’s interest where the misappropriation taken place. 5. The modus operandi utilised by the accused/applicant Kondiram, has indeed no parallel. He misused the system by expertise of knowledge in the field, since he was closely associated in the Bank and even after his retirement in the year 2007 he extended his modus in year 2009 to have unlawful, illegal gains either himself or through his channel in his relations. 6. During the course of submission, learned Counsel for the petitioner submits, the other accused, the relations of the petitioner involved in the present crime are released on bail on condition. Learned Counsel also informs, if released on bail, the petitioner shall make good deposit in Bank certain amount to Rs.5,00,000/- (Rs.Five lacs) within one month. 7. Since charge-sheet is filed, investigation is complete, the accused/applicant Kondiram is 63 years old, the accused has no other criminal record to his discredit, the bail applications need to be entertained and allowed on conditions. Cri.Application No.2550-2551/2011 4 8. The bail applications, i.e. Criminal Application Nos.2550 of 2011 and 2551 of 2011 are allowed. The accused/applicant be released on his furnishing P.R. Bond and surety for an amount of Rs.25,000/- (Rs.Twenty five thousand) in Crime No.79 of 2010 and Crime No.171 of 2010 each. 9. After release, the accused/applicant shall not leave taluka Gevrai without permission of the Court for a period of three years. The accused/applicant is permitted to leave the jurisdiction, if he has to attend Court proceedings at any other place. 10. The accused/applicant to deposit an amount of Rs.5,00,000/- (Rs. Five lacs) within a month after his release with the District Central Co- operative Bank Ltd., Beed, Branch Gevrai. Such deposit, would be certainly without prejudice to the claims and contentions of the accused/applicant. 11. Both the applications are allowed to the extent indicated above. Failure to comply the deposition, the order of releasing shall stand terminated. ( K.U. CHANDIWAL, J. ) (vvr/2550-2551.11criappln)