1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.495 OF 2010 Vasant S/o.Munjaba Lathe, Age-54 years, Occu-Service, R/o.Dindrud, Tq.Majalgaon, Dist. Beed APPLICANT VERSUS 1. The State of Maharashtra Through Police Station, Majalgaon, Dist. Beed. 2. The Superintendent of Police, Beed, Dist. Beed RESPONDENTS Mr.S.J.Salunkhe, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 26/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.216/2009, registered in Majalgaon Police Station of Dist. Beed. 2. Heard learned counsel for applicant, followed by the submissions of learned APP appearing for State. It appears that the 2 said FIR was registered on the complaint of one Dnyanoba Ingale, who has audited the Ekdara Co-operative Society Ltd., Ekdara Tal.Majalgaon, Dist. Beed, wherein the allegation against the present applicant, who is the Branch Manager of District Central Co- operative Bank that without verification of the documents submitted by borrowers, the loan was disbursed to them. Perusal of the record further shows that the loan was not sanctioned by the Branch Manager, but sanctioned by the Central Office of said Bank and was only disbursed at the hands of this Branch Manager, the applicant. The directions were given to the Branch Manager while disbursing the loan that he has to verify the documents of the borrowers to whom the loan to be disbursed. Like the present Branch Manager, allegations are also find in the said complaint against the members of Board of Directors, as well as the borrowers that the borrowers have obtained the loan without producing the proper revenue record. There is an allegation to the effect that these borrowers to whom the loan was sanctioned without verification of the documents, are landless persons, but were styled as agriculturists. While deciding the application filed by these borrowers bearing Cri.Appl.4401/2009, the borrowers have produced on record the 7/12 extracts and 8A extracts of their property. While deciding that application, it is observed by this Court that, even though there is an allegation to the effect in the complaint that the loan was disbursed to the landless person, but while making these observation, it is noticed by this Court that these observations are not correct and these persons are holding agricultural property. In the premise, it appears that the 3 allegations against Manager as well as other persons against whom the complaint was lodged are incorrect. Hence the application is liable to be allowed with certain directions, hence order, O R D E R 1. Application is allowed. 2. The interim protection granted on 10/02/2010 is hereby confirmed, but till filing of the charge sheet. 3. The applicant to take steps to create charge of the loan sanctioned at the hands of the bank on the properties of the borrowers. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/criappl495-10