1 BA 768.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 768 OF 2011 Mr. Rabinder Sharma. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. A.H.H. Ponda i/b. S.N. Raj for the Applicant. Mrs. A.A. Mane, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 9th JUNE 2011. P.C. :- Heard Mr. Ponda, learned Advocate for the Applicant and Mrs. Mane, learned APP for the State. 2. The Applicant has been arrested on 20.4.2011 in C.R.No. 34 of 2011 by Pen Police Station. He continues to be in custody since then. 3. From the FIR that has been lodged by one Tushar Kakade, Special Auditor, it appears that a number of irregularities and illegalities had taken place in the Pen Urban Co-operative Bank Ltd. and that the Directors and Officers of the said Bank mis-appropriated an amount of about Rs.500.00 crores. In the FIR, 41 persons are named as accused, who are, basically, the Directors or employees of the said Bank. 2 BA 768.11.sxw 4. Admittedly, the Applicant is not named as an accused in the first information report, which is based on the auditor’s report. 5. Admittedly, the Applicant is neither a Director nor an Officer of the said Bank. There is no allegation that he has dishonestly obtained or secured any loan from the Bank. 6. Mr. Ponda submitted that one Prem Kumar Sharma, a Director of the said Bank - named as Accused No.21 in the said C.R. - is the uncle of the present applicant. He submitted that the said Prem Kumar Sharma applied for and was granted interim anticipatory bail. According to Mr. Ponda, this was disliked by the Investigating Agency and therefore, the Applicant has been falsely implicated in this case. 7. The only allegation against the Applicant is that he used to come and collect cash and Demand Drafts from the Bank; and that, the Bank staff used to give such cash or Demand Drafts to him on the instructions of the said Prem Kumar Sharma. However, no date or details of such alleged taking of cash or Demand Drafts have been mentioned in the statement of the witness, on the basis of which this allegation has been levelled. There are no particulars or details of any such Demand Drafts or the dates on which such Demand Drafts were collected; nor is there any claim that such Demand Drafts were deposited and credited in any particular account. 3 BA 768.11.sxw There is no claim, that the Applicant has signed any receipts in respect of the cash that was allegedly received by him. 8. Even otherwise, the Applicant is merely alleged to have collected such Demand Drafts or Cash; and the instructions to hand over the same to him have been said to be given by the said Prem Kumar Sharma. 9. Under these circumstances, I am inclined to release the Applicant on Bail. 10. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount, or two sureties of Rs.25,000/- each, on the condition to attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. (A.M. THIPSAY,J.)