1appln-2368-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2368 of 2010 SHANKAR BHIKU PAWAR VS. THE STATE. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Pradeep Gharat, for the Applicant. Mr P.S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 24TH JUNE, 2010. P.C.:- 1. Heard rival submissions at length today and also on the previous day. It is an application for anticipatory bail by the applicant, Branch Manager of New Satara Zillah Nagar Patsanstha Ltd (Co-operative Credit Society) apprehending his arrest in C.R. No. 43/2010 lodged at Mangalwedha Police Station for the offences punishable under Sections 406, 420, 467, 468 read with section 34 of I.P.C. 2. Allegedly, the main accused- Anand Vithal Sanas, who has already been arrested and released on bail of Rs 5 lacs approached the Co-operative Credit Society where the present applicant was working as Branch Manager. Loan application was given by the main accused for loan of Rs.3 lacs requesting to the New Satara Zillha Nagrik Sahakari Patasanstha Maryadit, Mumbai stating that a 2appln-2368-10 power of attorney executed by one person, by name Maruti, is in his favour. The complainant is the son of said Maruti, he alleged that his father, aged and illiterate person, has not executed any power of attorney in favour of main accused, and as such there was no any relation between them and main accused was never authorized to raise any loan amount by mortgaging immovable property of his father. 3. Role assigned to the present applicant, according to the private complaint lodged by the complainant is - without taking much care and caution and allegedly conspiring with the main accused, present applicant recommended the grant of loan and also disbursed the same. 4. During the arguments, learned Advocate Shri Gharat appearing for the applicant submitted that during routine work as to grant of the loan, etc. various documents were collected from the borrower and in fact original power of attorney produced by the borrower was also taken on bank record. It is further submitted that on the face of plain reading of such power of attorney there was no any occasion for the applicant to raise any doubt as to whether one Maruti had really given such power of attorney giving even the right to raise loan on the immovable property. It is further submitted that in fact the present applicant could be the best witness of the prosecution, however, as against this, he has been falsely implicated in the present matter. 5. Considering rival submissions and considering the factual position as to the main accused who is already released on bail for Rs.5 lacs and considering that even the entire loan amount has been repaid by the main accused immediately on the next day of lodging of the F.I.R.by Mangalwedha Police Station 3appln-2368-10 and considering the role and the requirement of any precautions to be taken by the applicant as a Branch Manager, suffice it to say that he can be protected for the relief as prayed. Needless to mention that if at all any irregularities are committed by the said applicant, Co-operative Credit Society can initiate appropriate action. However, for such reason, in the opinion of this Court, custodial interrogation of the applicant is not warranted. Hence, the following order. ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant in C.R. No. 43/2010 registered with Mangalwedha Police Station, District Sholapur, he shall be released on bail on executing a P.R.bond in the sum of Rs. 20,000/-with one surety in the like amount. (c) As it is reported that the investigation is still continuing, it is made clear that the present order shall be effective till the filing of the charge-sheet and in the event of filing of the charge-sheet the applicant has to apply to the concerned court, then seized of the matter, for regular bail. (d) On availing the bail the applicant shall attend concerned police station as and when called by the Investigating Officer. (e) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. 6. Application is disposed of in terms of this order. (A.R.JOSHI,J)