1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1328 of 2010 Giridhar v. The State of Maharashtra ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.P. Joshi, Adv for applicant Mr J.B. Jaiswal, APP for State Coram: A.P. Bhangale, J Dated : 27th August 2010 1. Heard submissions at the bar. Applicant is seeking bail in Crime No. M-85/10 registered with Police Station, Akola for the offences punishable under Sections 166, 167, 171, 403, 420, 468 and 409 of the Indian Penal Code. 2. Applicant was working as Municipal Commissioner at Akola. Learned counsel for the applicant submits that predecessors of the applicant also used to make deposits in the banks other than the nationalised banks. It has been alleged that the applicant has invested amount of Rs. 1.30 crores in fixed deposit in Vidarbha Urban Cooperative Bank, Akola instead of depositing it in any nationalised bank. Learned counsel for the applicant submits that the Vidarbha Urban Cooperative Bank has already repaid Rs. 30 lacs with interest on 23.5.2009 and the said Bank is ready to refund rest of the amount by instalments. Learned counsel further submits that because of financial crisis on account of sudden flood 2 of demand made by investors, the said Bank is unable to refund the amount to the Corporation in lump-sum. Learned counsel for the applicant has brought to my notice copy of letter dated 18.11.2009 addressed by the manager of the Bank to the RBI requesting it to grant permission to recover dues from borrowers to refund remaining amount to the Corporation and others. 3. Prima facie, it appears that there was no intention to cheat and action appears to have been taken in good faith. Applicant is already placed under suspension and I do not think, any fruitful purpose would be served in continuing his detention particularly when he would be away from official records being under suspension. Moreover, applicant has placed on record certificate issued by the Department of Cardiology, Government Medical College & Super Speciality Hospital, Nagpur to the effect that the applicant needs to undergo coronary artery bypass surgery. Learned APP, on verification, does not dispute the said certificate and contents thereof. 4. Considering the facts and circumstances of the case and the health problem of the applicant, I am inclined to order his release on bail. 5. Applicant be released on bail on his executing PR Bond in the sum of Rs. 30,000/- with two or more sureties in the like amount. Applicant shall undergo bypass surgery and treatment at his own expenses from the hospital of his choice. However, he will inform the duration of surgery and treatment as also name of the hospital (s) to the Investigating Officer from time to time. He shall not tamper with prosecution evidence and shall not communicate with the witnesses concerned in any manner. Applicant is directed to leave his fixed address and telephone/cellphone 3 number, if any, to the Investigating Officer and shall communicate change therein, if any, forthwith in future. Application stands disposed of accordingly. Hamdast granted. Judge. hsj