1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2823/2009. (Radhakishan Nana Dive Vs. State of Mah. and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.SS Jadhav, Advocate for applicant; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 10 th September,2009. 1. Heard learned Counsel. 2. The applicant/accused, a Director in Champavati Urban Cooperative Bank Ltd., Beed, seeks pre-arrest bail in Crime No. 56/2009. 3. The allegations flashed against him, as could be seen are, being a member of the Loan Sanction Committee, he has approved loans to various persons and in spite of there being an undertaking/bond to the Bank in terms of Section 73(1) of the Maharashtra Cooperative Societies Act, he cannot obliterate his liability to meet the defaults. 4. At page 20, 21, the list of borrowers, whose proposals/cases for waiver and who got such waiver, is furnished, which goes to the tune of Rs.16,38,162/-. The other list at page 23 is of the persons, 2 who are still facing outstanding, is given by the Auditor and the figure goes to Rs.25,92,905/-. I do not find any eventuality, wherein the Auditor has objected of any irregularities in getting the loan papers or crossing the limits of the Directors in such loans. It is a matter of recovery, for which also, the applicant/accused, as a Director and being a responsible person, is exerting his efforts. In the situation, custodial interrogation of the applicant/accused is not desired. However, the applicant/accused will ensure speedy recovery of the outstanding loan amounts which are shown at page 23 and 24 of the compilation. hence, order. 5. In the event of arrest of the applicant/accused – Radhakishan s/o Nana Dive, in connection with Crime No. 56/2009 registered at Beed City Police Station, he be released on his furnishing PR bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand)till charge sheet. 6. The accused/applicant shall attend the concerned Investigator as also the Auditor on every Sunday till filing of charge sheet. 7. The accused/applicant shall furnish the record, which is in his possession and 3 also will coordinate recovery of outstanding. If any irregularity in the accounts is noticed, the applicant will ensure to rectify the same, being so notified by the Auditor. Failure to do so, the relief and protection granted will be terminated. 8. Criminal Application is disposed of in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2823.09