1 Cri.A.5225.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5225 OF 2011 Shaikh Pasha Shaikh Ismail R/o ZamZam Colony, Kousar Nagar, Beed Tq. And District Beed. ...APPLICANT. VERSUS The State of Maharashtra ...RESPONDENT. ... Shri.Girish K. Thigle (Naik), Advocate for Applicant. Shri.K.S.Patil, A.P.P.for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 13.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant apprehends arrest, in Crime No. 124 of 2011, registered with Beed ( City ) Police Station, District Beed. The applicant was working as Passing Officer with “Heena Shahin Urban Co- Operative Bank, Ltd. Beed.” The FIR is filed against the applicant and others under sections 2 Cri.A.5225.11 406, 408, 409, 467, 468, 477(A), 109,420 read with Section 34 of the Indian Penal Code. 3. The report indicates that there is two set of allegations against the applicant. Firstly, the applicant in his capacity as Passing Officer, passed cheques of various persons and allowed them to withdraw the amount, and also in the complaint allegations are mentioned that though signatures did not tally, the payments are allowed. Second limb of the allegation is about having overdraft facility of Rs. 11,000/- and some odd amount, though no such overdraft facility is granted to the applicant. It is true that allegations as regards enjoying overdraft facility by the applicant is shown as Rs. 11,000/- and some odd amount, however, detail investigation will have to be carried out to ascertain the various illegalities alleged to have committed by the present applicant. The applicant being Passing Officer i.e to say upon his passing cheques, the cashier concerning would allow the party to 3 Cri.A.5225.11 withdraw the amount mentioned in the negotiable instruments. 4. After having considered the record, I am inclined to observe that surely this is not a case where Court should grant anticipatory bail. Free hands will have to be given to the police to carryout investigation including custodial interrogation. In my view, the application is required to be rejected. Hence, following order is passed. Application stands rejected. Sd/- [ R.Y.GANOO, J. ] MTK 4 Cri.A.5225.11