1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION Nos.2124/2009; 1928/2009; & 2214/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.Sadhana S.Jadhav, Adv. for respective Applicants; Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 17 th August,2009. 1. Heard learned Counsel for the respective applicants and learned APP for State. 2. The applicant – Ayubkhan s/o Turabkhan is a Director of Hina Shahin Urban Cooperative Bank Ltd. (hereinafter to be referred as the Bank). It is alleged it was during his regime as a Director, loans to nine employees of the Bank to the extent of Rs.1,34,50,000/- were disbursed in a single day meeting dated 16th March, 2007. 3. The applicant alleges that indeed by virtue of his application dated 19.9.2006, he was absenting from attending the meetings till 31.1.2007. However, in a meeting dated 22.9.2006, his presence is shown when in fact he was not present. 4. By application dated 14.3.2008, the 2 applicant indeed took a cudgel to inform the Deputy Registrar, Cooperative Societies, Beed, about the illegalities and irregularities routinely being committed at the said Bank. He has also intimated that false proceedings of the meetings are prepared. Even as on 23rd August, 2007, he has communicated to the Chairman of the Bank, since in his absence his signatures on the proceedings were shown, which are in contravention of Reserve Bank of India Guidelines and consequently, he has offered his resignation. 5. The second set of resignation is dated 29.5.2008, but it was also not acted upon. 6. The main plank of allegations revolves to approval by Resolution No.6 dated 16.3.2007 for disbursement of huge loans, amounting to Rs.1,34,50,000/- to the nine employees of the Bank. It is informed that the employees surreptitiously interpolated the record and got this Resolution incorporated without the knowledge of the Directors of the Bank. The mastermind behind all these irregularities and activities is the Chairman and few of the employees have faced the tune of custody and subsequently enlarged on bail. 7. In Criminal Application Nos.1928/2009 3 and 2214/2009, the applicants are ladies and are Directors of the said Bank. The applicant – Sow. Mangal w/o Vyankatesh Maske is shown to have proposed the loans to the borrowers, i.e. 9 employees, which she disputes. The role of applicant/accused – Sow. Mangal w/o Vyankatesh Maske having been surfaced with clarity, the discretion under Section 438 of Cr.P.C., sought by her, is difficult to be exercised. In the situation, following order - 8. Criminal Application No.2124/2009 filed by applicant – Ayubkhan s/o Turabkhan and Criminal Application No.1928/2009 filed by Fahim Sultana w/o Khusro Ahmed, seeking prearrest bail are allowed. In the event of arrest, the applicant – Ayubkhan s/o Turabkhan and applicant -Fahim Sultana w/o Khusro Ahmed, be released on their furnishing PR bond and surety in the sum of Rs.25,000/- (Rupees twenty five thousand) each. 9. These two applicants shall attend the concerned Police Station and also the Auditor on Sunday and Monday respectively between 11.00 a.m. to 3.00 p.m. for a period of six months. 10.These two applicants shall cooperate the Investigator to rectify the irregularities and also to identify the borrowers, who have gone underground. 4 11.Criminal Application No.2214/2009 moved by applicant – Sow. Mangal w/o Vyankatesh Maske is rejected. However, interim protection in favour of said applicant is extended up to 27th August, 2009. ( K.U.CHANDIWAL ) JUDGE bdv/cran2124.09