1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2814/2009. (Pralhad s/o Mohan Wagh Vs. State of Mah..) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.CV Thombre, Advocate for applicant; Mr.DR Korde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 10 th September,2009. 1. Heard learned Counsel. 2. The applicant/accused was a Clerk in Champavati Urban Cooperative Band Ltd., Beed. Pursuant to the notice by the Auditor dated 13.5.2009, he has put his representation in detail on 25th May, 2009 (Exhibit-B of the compilation). 3. The RBI Inspector had also assessed the position and found that the loans against Fixed Deposit Receipts (FDRs) for Rs. 141.39 lakhs were disbursed for which no FDRs are taken as pledge by the bank. The liability was fixed to the Branch Manager, who was suspended from the Bank service in August 2008. 4. Three instances, which are quoted by the prosekcution as against the present accused/applicant, prima facie, do not indicate of his involvement and 2 particularly for personal gains. It appears he more acted as a stooge for the Branch Manager, without following the implications of his acts being under his domain. In the situation, custodial interrogation not warranted. hence, order. 5. In the event of arrest of the applicant/accused – Pralhad Mohan Wagh, in connection with Crime No.56/2009 registered at Beed City Police Station, he be released on his furnishing PR bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand) till charge sheet. 6. The accused/applicant shall attend the concerned Investigator as also the Auditor on every Sunday till filing of charge sheet. 7. The accused/applicant shall furnish the record, which is in his possession and also will coordinate recovery of outstanding. If any irregularity in the accounts is noticed, the applicant will ensure to rectify the same, being so notified by the Auditor. Failure to do so, the relief and protection granted will be terminated. 8. Criminal Application is disposed of in above terms. ( K.U.CHANDIWAL ) JUDGE 3 bdv/cran2814.09