1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2340 OF 2009 Sandesh S/o Madanlal Jain Versus State of Maharashtra and another *** Mr. H. F. Pawar, Advocate i/b Mr. P. N. Kutti, Advocate for the Applicant. Mr. V. D. Godbharle, A.P.P. for the Respondent/ State. Mr. P.P.Chavan, Advocate for the Respondent/ Bank. *** CORAM: K. U. CHANDIWAL, J. DATED: 23rd SEPTEMBER, 2009. 1. Mr. Pawar, holding for Mr. Kutti states that there is leave note of Mr. Kutti, however, he is ready to proceed with the matter. A statement is made by Mr. Pawar, on behalf of the accused/ applicant and not controverted by Mr. Chavan, appearing for the Bank, allowing the applicant herein to make remittance of the over due amounts in installments of Rs.1 Lakh [Rupees one Lakh only] a month commencing from November, 2009. 2. The allegations of misappropriation will not, at 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. this stage, sustain against the accused/ applicant as his role is of a borrower. Since the interest of the bank is adequately protected, custodial interrogation of the accused/ applicant not warranted. Hence, order. 3. In the event of arrest of the accused/ applicant, he be released on furnishing P.R.Bond and surety in the sum of Rs.10,000/- [Rupees ten thousand only]. 4. The accused/ applicant shall commence making regular payment of installments of Rs.1 Lakh a month effective from November, 2009 towards the loan amount, on or before 10th of each month. 5. Application is allowed in above terms. [K. U. CHANDIWAL, J.] Dated:23/09/2009. ans/2340