1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.708 of 2010 (Sau.Mangal 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. K.S.Bhore, Adv., for the applicant. Mr. V.D.Rakh, AGP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:5-3-2010 P.C.:- 1. Heard Mr.K.S.Bhore, learned Counsel and learned A.G.P. Mr. V.D.Rakh. 2. The applicant, Director in a Bank, seeks, pre-arrest bail. His earlier application being application No.2214/2009, was rejected on 17.8.2009. The prosecution has a grievance, the applicant has not cooperated and she is absconding, thereby avoiding vital clues to be inquired with her. 3. Mr.Bhore, Counsel for the 2 applicant informs, the applicant has taken safety measures as was permissible to her. She though was shown to be a party to resolution No.6 which approved disbursement of loan to the employees of the Bank, however, such resolution, as, according to him, surreptiously appeared. Mr.Bhore points to the observation of this Court in dealing with the cases of Director in similarly placed positions, particularly in the case of Khaja Ateequazzaman Vs. The State ( Criminal Application No.1960/2009) and Shaikh Badeuddein s/o Shaikh Khudbuddin Vs. The State of Maharashtra ( Criminal Application No.4279/2009). 4. The role of the present accused/applicant in the capacity as Director is distinctly projected, however, in the light of the changed circumstances illustrated above and as during the course of submission Mr.Bhore, Counsel, on instructions informs to deposit an amount of Rs. 3 3,00,000/- (Rs.three lacs), the discretionary relief in terms of Section 438 of Cr.P.C. is entertained. Hence order. Application allowed. In the event of arrest of the accused/applicant Sau.Mangal w/o Vyankatesh Maske in Crime No.42/2009 registered at Beed City Police Station, the accused applicant shall be released on furnishing P.R.bond in the sum of Rs.25,000/-. 5. The accused/applicant, without prejudice to her rights, to deposit directly with the Bank an amount of Rs.3,00,000/- (Rs. three lacs) upto 25th March, 2010. The Bank officials will invest the same in a fixed deposit or may appropriate it for releasing the deposits of other creditors who are wandering since liquidation. The claim of the applicant to the deposited amount shall survive, if her liability is indicated to be nil. 6. The accused/applicant shall attend the investigator and 4 auditor on last Sunday of every month for a period of one year and also shall attend whenever so invited in writing by the above authorities. 7. The accussed applicant shall coordinate/cooperate the investigator and the auditor in either rectifying the records or ensuring recoveries from the borrowers who are hiding. Application allowed in above terms. If the amount of Rs. 3,00,000/- (Rs.three lacs) is not deposited, the protection granted today shall automaticallycome to an end. (K.U.CHANDIWAL) JUDGE agp/708-10crapl