1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO.264 OF 2011 (SAWANT PADMAKAR MADHUKARRAO //VS// STATE OF MAH. P.S. WADGAON ROAD, YAVATMAL.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.S.Dhore, Advocate for Applicant. Mr. V.A. Thakre, A.P.P. for Respondent/State. Mr. J.M. Gandhi, Advocate for Complainant. CORAM : M.N.GILANI, J. DATE : NOVEMBER 18, 2011. 1. Heard learned counsel for the parties. 2. This is an application under Section 438 of the Code of Criminal Procedure for directions to release the applicant on bail in the event of his arrest in Crime No.153 of 2011, registered with Police Station, Wadgaon Road, Yavatmal under Section 420 of the Indian Penal Code. 3. The story unfolded in the first information report is thus : One Sahayat Micro Finance Pvt. Ltd. having its head office at Udaypur (Rajasthan) is engaged in disbursing small loans to the members of the Self Help Groups which have been constituted in villages. The applicant-accused was Branch Manager during the relevant time. Other co-accused Shiv Daldale was working as Field Officer till 30.03.2011. Pradeep Suryawanshi, who is also another Field Officer, on whose report the first information report is registered, states in his report that when he approached the members of the Self Help Group to collect installments, he learnt that Shiv Daldale had been collecting the installments from the 2 members of the Self Help Group although he had resigned w.e.f. 01.04.2011. Therefore, he lodged first information report and on that basis the offence came to be registered as stated above. 4. The learned Additional Public Prosecutor filed reply and opposed the application. 5. It is the case of the applicant that till 07.04.2011 he was working as Branch Manager of the said Company and was posted at Yavatmal. He had nothing to do with Shiv Daldale or any of the employee wrongfully collecting the installments from the various borrowers and in turn not accounting for the said amount to the company. 6. In course of investigation various facts surfaced. In the F.I.R. on which basis this crime is registered, the allegations are that Shiv Daldale and other employees of the company although resigned from the posts which they were holding in the company, were illegally collecting the amount of installments from the various borrowers, and not depositing the said amount in the company's account. The learned Additional Public Prosecutor has brought to my notice the statement of Shiv Daldale. It is revealed from this statement that whenever the loan in the sum of Rs.Ten Thousand was sanctioned to different borrowers, instead of disbursing the said amount only Rs.Eight Thousand was to be given and thus, there was misappropriation of amount of Rs.Two Thousand in each case. These allegations have nothing to do with the allegations in the first information report lodged by Pradeep Suryawanshi. It is pertinent to note that Pradeep Suryawanshi is officer of the company and the purpose of his lodging the first information report is that the amount collected from various borrowers was by the employees who were no longer in the service of the company 3 and they had no right to collect the same. Further these accused persons / ex-employees did not deposit the amount whatever collected from the various borrowers with the company. What is being revealed from the statement of the co-accused is the distinct offences, in which main aggrieved persons would be the borrowers. Investigating Officer is not prevented from registering as many offences as he believes to have been committed. So far as the offence registered on the basis of the report lodged by Pradeep Suryawanshi is concerned the involvement of the applicant appears too remote. Hence, the order : 7. The application is allowed. In the event of his arrest in Crime No.153 of 2011, registered with Police Station, Wadgaon Road, Yavatmal under Section 420 of the Indian Penal Code, the applicant Sawant Padmankar Madhukarrao be released on his executing P.R. Bond in the sum of Rs.Fifty Thousand with two sureties in the like amount, with condition to attend the Police Station as and when called by Investigating Officer for the purpose of investigation. JUDGE RR..