FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2488 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel. Notice to the State returnable on 13th August, 2009. Call for papers and report. No interim protection. (K.U.CHANDIWAL) JUDGE agp/crapln2488-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2489 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel. Notice to the State returnable on 13th August, 2009. Call for papers and report. (K.U.CHANDIWAL) JUDGE agp/crapln2489-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRI. APPLICATION NOS.2504/2009 WITH CRI.APPLICATION NO.2562/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Counsel absent. Notice to respondent State returnable on 12th August, 2009. Learned A.P.P. waives service. Call for papers and report. (K.U.CHANDIWAL) JUDGE ... agp/crapln2504-09gr FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2509 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel. 2. Notice to the respondents returnable on 18th August, 2009. Call for report and papers. 3. In view of accusations leveled against applicant Kondiram, interim protection, to be released on furnishing P.R. bond and surety in the sum of Rs.10,000/- (Rs.ten thousand), till the next date. S.O. to 18th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2509-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRI. APPLICATION NOS. 2519/2009, 2513/2009 AND 2607/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Counsel. Notice to the respondents. Call for papers and report. Learned A.G.P. waives service. 2. The Counsel for the accused/applicant shall implead the original complainant as party to the proceeding within three days from today. 3. In Criminal Application No.2519/2009, interim protection till the next date to Smt. Sumanbai Rajaram Patil and Sau.Padamabai Meghram Chaudhari, in the event of their arrest, they be released on furnishing P.R. bond and surety in the sum of Rs.2,000/- (Rs. two thousand) each. The protection is till the next date. S.O. to 18th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2519-09gr FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2524/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel. Notice to the respondents. Call for papers and report. Learned A.G.P. waives service. Notice returnable on 12th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2524-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2539/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel. Notice to the respondents. Call for papers and report. S.O. to 31st July, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2539-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2553/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Counsel. Notice to the respondents. Call for report and papers. Learned A.G.P. waives service, returnable on 13th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2553-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2518 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Counsel. Notice to the respondents. Call papers and report. Notice returnable on 7th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2518-9 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2546 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel. Notice to the respondents returnable on 10th August, 2009. Call for papers and report. (K.U.CHANDIWAL) JUDGE agp/crapln2546-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NOS. 2591/2009 AND 2465/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Counsel. Notice to the respondents. Call for papers and report. Learned A.G.P. waives service. S.O. to 31st July, 2009. (K.U.CHANDIWAL) JUDGE ... agp/crapln2591-09gr FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1927 OF 2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Mr. J.R.Shaikh, Counsel for the accused/applicant. Mr.Malte, Counsel, appears for intervenor/complainant, seeks time. There runs interim protection in favour of the applicant. Consequently, S.O., as sought, to 20th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln1927-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 15. APPLN/1937/2009 In APPLN/1679/2009 WITH APPLN/1572/2009 In APEAL/135/2009 WITH APPLN/1598/2009 In APEAL/135/2009 WITH APPLN/1599/2009 In APEAL/135/2009 WITH APPLN/1617/2009 In APEAL/135/2009 WITH APPLN/1618/2009 In APEAL/135/2009 WITH APPLN/1619/2009 In APEAL/135/2009 WITH APPLN/1636/2009 In APEAL/135/2009 WITH APPLN/1637/2009 In APEAL/135/2009 WITH APPLN/1638/2009 In APEAL/135/2009 WITH APPLN/1639/2009 In APEAL/135/2009 WITH APPLN/1645/2009 In APEAL/135/2009 WITH APPLN/1704/2009 In APEAL/135/2009 WITH APPLN/1740/2009 In APEAL/135/2009 WITH APPLN/1741/2009 In APEAL/135/2009 WITH APPLN/1742/2009 In APEAL/135/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard respective Counsel. As Smt. Jadhav, Counsel, has sent leave note representing four applicants, by consent, S.O. to 11th August, 2009. The interim protection is extended till next date. (K.U.CHANDIWAL) JUDGE agp/crapln1937-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1990 OF 2009 (Sirajuddin s/o Kazimoddin Ansari vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv., for the applicant. Mr. P.M.Shinde, APP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard the Counsel extensively. 2. In reply to the contention of learned A.P.P., additional affidavit of the accused/applicant is tendered to show that the amounts alleged disbursed to the recipient for the grants was in cash and not by demand draft as was argued on the last date. 3. In a systematic plan fetched by few of the officials, an amount of Rs.23,90,000/- showing its payment to the respective institutions, is misappropriated. The said school personnel have independently in their respective statements denied having received the amounts as shown to be paid to them. On the contrary, it is stated by Deelip Rakh) that it was the accused applicant who has obtained his signatures on blank receipts along with the agreement. At this stage of the matter, without commenting to the absence of the accused/applicant on 5th Jan.,2008, when allegedly the amount of Rs.44,90,000/- was withdrawn from the State Bank of Hyderabad, the discretion under Section 438 of Cr.P.C. cannot be extended to the accused/applicant. Application rejected. Interim relief vacated. . The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE agp/crapln1990-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRI.APPLICATION NO.2310/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Mr. Bagal, Counsel for the accused/applicant Sanjay. He informs, earlier application, being No.2075/2007, was heard and decided by another Bench, consequently, at his instance, place the matter before the learned Senior Judge, for assignment of the matter before appropriate Bench. (K.U.CHANDIWAL) JUDGE agp/crapln2310-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 19. CRI. APPLN/2340/2009 In CRI. APPLN/1679/2009 WITH WP/649/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Mr. P.N.Kutti, Counsel for the applicant. Notice for respondent no.2 awaited. Learned A.P.P. has received the report and papers. S.O. to 14th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2340-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2342 OF 2009 (Mahadev Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.W.Mundhe, Adv., for the applicant. Mr. P.M.Shinde, APP for the respondent. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard both the Counsel. 2. Complainant Smt. Prabhawatibai informed the Police on 28.5.2009 that on that day, at early morning, the accused/applicant came to her residence, threatened her and by sticks, he assaulted her. In the melee, his family members also joined to assist him, who also assaulted the complainant Prabhawatibai, her husband, her children. Learned A.P.P. has tendered medical certificates of Manisha, Manchak and applicant Prabhawatibai which illustrate the nature of injuries which may be simple but depict that there was, indeed, the incident. The injury certificate is issued on 17th June, 2009. Considering these aspects, the contention that custodial - interrogation is not warranted, is difficult to accept. Application rejected. (K.U.CHANDIWAL) JUDGE agp/crapln2342-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2330 OF 2009 (Santosh Vs. State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.K.Temkar, Adv., for the applicant. Mr.K.M.Suryawanshi, APP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Sarang jumped in a well on 24.5.2009 and succumbed. The report is lodged by his father Ambadas on 3rd June, 2009, making allegations against accused Santosh and Bhausaheb of a previous incident of altercation before a month. It was contended, the deceased was under tension of further assault and sufferrence to his life and consequently, on the day of incident, he having seen the accused herein, jumped in the well. 2. The accused/applicants are in custody from 3rd June, 2009. They have no criminal record, reside in the same village. Nothing is to be recovered from the accused/applicant. By this time, the investigation is nearing completion. Hence, order. (a) The accused/applicants (1) Santosh Babasaheb Dalvi (2) Bhausaheb Manik Dolas be released on their furnishing P.R. bond and surety in the sum of Rs. of Rs.10,000/-, each. (b) On release, the accused/applicants shall attend the concerned Police Station on every Sunday, between 9 to 3 p.m. for a period of six months. c) The accused/applicants shall not tamper with the witnesses, shall not coerce them. d) The accused/applicants shall reside at Shevgaon, tq. Shevgaon, for a period of six months and above attendance shall be at Police Station, Shevgaon, at Shevgaon, dist. Ahmednagar. (K.U.CHANDIWAL) JUDGE agp/crapln2330-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLN/2384/2009 In APPLN/1679/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. At the request of Counsel holding for Smt. Jadhav, S.O. to 12th August, 2009. (K.U.CHANDIWAL) JUDGE agp/crapln2384-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRI. APPLN/2423/2009 In CRI. APPLN/1679/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.D.Gunale, Adv., for the applicant. Mr. K.M.Suryawanshi, AGP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard the Counsel. 2. Owing to agricultural controversies over sale of the property, the deceased and the accused/applicant no.1 were not sailing well. On 12.6.2009, the accused/applicants carried the deceased with them, initially objected by his daughter but the deceased went with the accused/applicants. Relentless search was made but the deceased was not found in the night and on the next day morning he was found hanging dead. The post mortem notes indicate several injuries. From the place of incident, Police have recovered additional piece of rope and few slippers. Two chits were also found tagged to the waist of the deceased. The accused though are in custody from 13.6.2009 cannot at this stage be said to be innocent, requiring bail. The investigation being in progress, the application for bail rejected with liberty to apply after chargesheet. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE agp/crapln2423-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2480/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard Mr. Sandeep S.Deshmukh, Counsel for the applicant. On instructions, he withdraws the application. Accordingly, the application is disposed of as withdrawn. (K.U.CHANDIWAL) JUDGE agp/crapln2480-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2335/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Raju D.Bhalerao, Adv., for the applicant. Mr. P.M.Shinde, APP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel extensively. He, on instructions, wants to withdraw the application. Accordingly, it is disposed of with liberty to move subsequently when chargesheet is filed. (K.U.CHANDIWAL) JUDGE agp/crapln2335-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2457/2009 (Dadabhau Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.K.Kakade, Adv., for the applicant. Mr. P.M.Shinde, APP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 P.C.:- 1. Heard learned Counsel for the accused/applicant extensively. 2. In an incident dt.28.5.2009, at 12.30 behind the back of the complainants house, he was allegedly assaulted, robbed by nine persons in which present applicant/accused was alleged to be possessing a sword and allegedly dealt blows of sword. The Counsel minutely took me to the events as to how the incident, in fact, could not have taken place, as to how the complainant though was aware of facilities at Hospital 4 kms away at Parner, where Police Station is also located, went for treatment at a distance of 50 kms from the village, by travelling via Parner. The hospital, according to the Counsel, is of his friend. It is informed, nothing is to be recovered from him as allegedly there is recovery of the sword at the behest of the accused/applicant. At this stage of the matter, there cannot be a minute dissection of the details as canvassed by the Counsel but the fact remains that the accused/applicant is in custody since last nearly two months. The certification produced by the Counsel informs that he was discharged from the hospital on 26.6.2009, however, the statement before the learned Sessions Court was made at the time of the order dt.4.7.2009 that he was still in hospital. 3. The mobile number which is given by the complainant as per the investigation papers appears from the State of Tamilnadu, the details are yet to be recovered, including the incoming and outgoing calls for which custody of the accused is not desired. The accused hails from the same village. The accused has made out a case for bail. Hence order. (a) The applicants/accused ( (1) Dadabhau s/o Rambhau Pujari, (2) Balu s/o Tabaji Borude, (3) Bhairu s/o Genu Pujari be released on their furnishing P.R. bond and surety in the sum of Rs. 15,000/- each in Crime No.I-182/2009, registered at Parner Police Station. (b) After their release, the accused/applicant nos. 1 and 2 ( Dadabhau s/o Rambhau Pujari and Balu s/o Tabaji Borude), they shall reside at City Ahmednagar and shall be reporting at Taluka Police Station at Ahmednagar, on every Sunday, between 9 to 3 p.m. They will give their changed address to investigating officer in Crime No.I.182/2009, including their contact telephone numbers. c) The accused/applicants shall attend the investigating officer whenever so required irrespective of the above terms of stay at Ahmednagar. d) The accused applicants shall not leave the Ahmednagar district for a period of one year till filing of the chargesheet. (K.U.CHANDIWAL) JUDGE agp/crapln2457-09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 44. All Cri.Applications. APPLN/1995/2009 WITH APPLN/2037/2009 With APPLN/2038/2009 WITH APPLN/2045/2009 WITH APPLN/2049/2009 WITH APPLN/2059/2009 WITH APPLN/2068/2009 WITH APPLN/2070/2009 WITH APPLN/2113/2009 WITH APPLN/2114/2009 WITH APPLN/2117/2009 WITH APPLN/2137/2009 WITH APPLN/2138/2009 WITH APPLN/2139/2009 WITH APPLN/2235/2009 WITH APPLN/2243/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. E.P.Sawant, Adv., for applicant in Criminal Application No.1995/2009 Mr. S.J.Salunke, Adv., for applicant in Criminal Application No. 2037/2009,2038/2009, 2114/2009. Mr. R.N.Dhorde, Adv., h/f Mr. N.K.Chaudhari, for applicant in Criminal Application No.2045/2009. Mr. S.S.Rathi, Adv., for applicant in Criminal Application No.2049/2009. Mr. S.S.Thombre, Adv., for applicant in applicant in Criminal Application Nos.2059/2009 and 2068/2009. Mr. Sachin Deshmukh, Adv., for the applicant in Criminal Application No.2070/2009. Mr. V.D.Salunke, Adv., for applicant in Criminal Application No.2113/2009 and 2235/2009. Mr. C.R.Thorat, Adv., for applicant in Criminal Application No.2117/2009. Mr. V.J.Dixit, Senior Counsel, instructed by Mr. N.S.Kadam, for the applicant in Criminal Application No.2137/2009, 2138/2009, 2134/2009. Mr. Sachin J.Salgar, Adv., h/f Smt. S.S.Jadhav, for the applicant in Criminal Application No.2243/2009. Mr. P.M.Shinde, A.P.P., for respondent State, in all the matters. ... CORAM: K.U.CHANDIWAL, J. DATE: 29/7/2009 ... P.C.:- 1. In reckless Banking transaction,by glossing over Rules, autocratic behaviour of the then chairman has indulged and brought the reputation of the Bank to streets, duping depositors and wreaking faith in Banking system, with the connivance of few of the Directors and their latent approach, to some extent, negligence, has proved a boon for siphoning of the huge amount of the Bank for personal gains. 2. The disbursement of the loans to the sister concerns of Chairman Jagan Sarkate; like Jijau Consumer society, to the tune of Rs. 34,69,478.60 showing incorrect statement of deposits - in general body meeting to the tune of Rs.54,20,538.13 (Clause nos. 02 and 12 of FIR) and showing total slackness in recovery which was part of the obligation of the Director of the Bank employees, are few instances to launch prosecution. 3. Proceedings were initiated by depositors against Chairman showing instances of misappropriation of Bank funds for personal gains. The matter was reported by few of the Bank directors to the Reserve Bank of India (R.B.I.) through the District Deputy Registrar ( DDR). The inspection was carried at the behest of R.B.I. authorities and they noticed irregularities, illegalities, R.B.I. directed to initiate action against the concerned directors, borrowers and employees. It is in this scenario, the auditor of the Bank lodged a report against the Directors and few of the borrowers, and employees. Relevant infractions of clauses, particularly, clauses 2, 12, 13, 14, 15, 16, 17, 18 and 19, against the Directors, as disclosed in the FIR and reports, are as under: "CLAUSE 2: Loan of Rs.34,69,478.60 was disbursed pursuant to Resolution dt.13.8.2006, to Jijau Consumer Society belonging to erstwhile chairman Jagan Sarkate's daughter. CLAUSE 12: In the audit and also in the General Body, bogus deposits of Rs.54,20,538.13 are shown to the share holders. CLAUSE 13: Electricity bill of Sahebrao Sarkate ( father of chairman Jagan Sarkate) was paid, debited to Bank account. CLAUSE 14: No action was taken against the defaulter/borrower Shrikant Digambar Bhosale. CLAUSE 15: No legal action was taken against the borrower and the Director Digambar Kondiba Bhosale. CLAUSE 16: No action taken by the Chairman Rustum Bhalerao against earlier Chairman Jagan Sarkate for defaults in loan and illegalities committed. CLAUSE 17: No action taken against the borrower Nilkanth Pralhad Karhale, who is husband of a Director. CLAUSE 18: No action taken against the borrower and son of Director Suresh Manik Mohite. CLAUSE 19: During the course of tenure of chairman and director, an amount of Rs. 4,52,43,916/- of 1817 depositors was not repaid to them even after maturity dates and demands by the respective depositors. 4. It is a matter of record, the complainant/Auditor, without assigning any reason, has dropped few of the Directors who are also vicariously to be treated as liable, if the liability is fixed to the Directors who are before this Court. The explanation by A.P.P. is far from acceptance. The Counsel for respective Directors, castigated the Auditor with blatant discrimination showing uncalled for leniency on extraneous reasons. This approach of the complainant needs only condemnation. 5. The Directors were elected on 23rd Dec., 2002. Their tenure was to expire in December, 2007. Elections were to be initiated, however, by virtue of a no confidence motion, the Chairman was removed and Mr. Rustum Kishanrao Bhalerao ( petitioner in Application No.2139/2009) was elected as Chairman/President from 7.12.2006 to 12.3.2008. 6. The allegations against the Directors are that, apart from the above irregularities, the deposits worth Rs.45 lacs, to the different depositors, were not reimbursed. The loan to the family members of the Directors were disbursed and not recovered. Even loan to the wife of erstwhile chairman, namely, Manisha Jagannath Sarkate was disbursed on 16.2.2001, violating R.B.I. directives. 7. Taking survey of all these aspects, the role attributed to petitioner Digambar Kondiba Bhosale (Application No.1995/2009) is in violation of disbursement of loan to Jijau Consumer Society and showing amount of Rs.54 lacs as a bogus deposit, non refund of the amount. 8. The petitioner Nisha Nilkanth Karhale ( Application No.2037/2009) was a member of the Loan Committee. She coordinated disbursement of loan to Shrikant Digambar Bhosale, to the tune of Rs.4,53,127/-. 9. The petitioner Usha Jagannath Avachar (Application No.2038/2009) has latently coordinated the loan dt.16.2.1999. It is pointed out that Smt. Usha Jagannath Avachar and Smt. Nisha Nilkanth Karhale were not directors w.e.f. 5th Sept.,2003, as they were virtually removed from directorship. The loan granted to her husband was a secured loan. The amount involved is Rs.75,251/-. During the course of submission, learned Counsel informed his readiness to make good the amount. 10. The petitioner Savairam Kishanrao Jadhav ( Application No.2045/2009) is alleged with infraction of Clause Nos. 12 and 19, referred above. The petitioner Shankar Gangadharrao Mathpati is also required to meet with such allegations and, in addition, he was present in loan approval meeting in which loan to Shrikant Digambar Bhosale was sanctioned. 11. The petitioner Sandip (Application No. 2059/2009) faces the charge vide clause nos. 12 and 19. Petitioner Balasaheb Raosaheb Suryawanshi in Application No.2068/2009, also faces the same charge vide clause 12 and 19. The petitioner Prabha Ashok Patil in Application No.2070/2009, she faces infraction of clause nos. 12, 14, 16 and 19. The petitioner Laxmibai Kamaji Dakhore ( in Application No.2113/2009) faces charges for irregularities vide clauses 1, 12, 15, 18 and 19. The petitioner Nilkanth Pralhad Karhale (in Application No.2114/2009) faces the default of non payment of Rs.17,41,031.00. His Counsel informed that the accused/applicant borrower will make good the amount under protest within