IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 363/2008 Manish Haribhau Sirsudde vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 7 th APRIL, 2008. Heard Shri B.D.Vora, Advocate, for the applicant and Shri Fulzele, A.P.P. for respondent State. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. Interim order was passed on 28/1/2008. The question is whether that order should be confirmed. It is necessary to bear in mind before considering this application that in para 9 of the reply on oath, the I.O. has submitted that the applicant had passed some fake cheques. It is mentioned in the reply that at the relevant time, the applicant was the Passing Officer in the said Cooperative Bank and he has personally passed the said cheques of the loan amount. The other details are also given as to how the applicant was responsible for the criminal act. In the said reply, it is further contended that there is specific allegations against the present applicant in audit report and he is held responsible for misappropriation of huge amount of about Rs. 57 lacs. Learned counsel for the applicant has contended that the applicant has been attending the police station since the passing of interim order and now the custody is not required for further investigation. From the certified copy of another F.I.R. against some of the employees of the bank, it appears that amount of about Rs. 4 cores & 13 lacs or even more than than has been misappropriated. In these circumstances, merely because the applicant is offering to assist the investigation, that fact by itself will not entitle the applicant for anticipatory bail It is in these circumstances, this application cannot be granted. The same is rejected. Application stands disposed of. JUDGE Rvj.