1 Criapln4889/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4889 OF 2011 Shivshankar Laxman Rajepwar Applicant V E R S U S The State of Maharashtra Respondent Shri G.P. Shinde, Advocate for the applicant Shri K.S. Hoke-Patil, APP for the respondents / State CORAM : R.Y. GANOO, J. DATED : 2nd December, 2011 PER COURT : 1. The applicant apprehends arrest in CR No.163 of 2011, under Sections 420, 408, 403, 418, 468, 471 of the Indian Penal Code, registered with Hingoli Police station, District Hingoli. 2. The applicant is a Credit Assistant of a Finance Company by name Spandana Spporthy Finance Limited. Between the period 23rd July, 2011 to 17th August, 2011, the loan was sanctioned to 140 persons to the tune of Rs.21 Lacs and odd. F.I.R. is filed by the 2 Criapln4889/2011 Officer of the said Company alleging therein illegalities and embezzlement of funds. In the course of hearing, it is noticed through learned A.P.P. that out of 140 cases, 130 cases are missing. In regard to the remaining documents of 10 cases, according to the learned A.P.P. for the State, those documents are forged. Learned Advocate for the applicant submitted that the role of the present applicant was limited in as much as he was to process the papers of the persons who wanted loan and then the job of sanctioning of the loan done by the superior officers. He of-course admitted in the course of hearing that the present applicant was to get commission in the nature of bonus for getting intending customers who had applied for loan and eventually whose loan came to be sanctioned. It is apparent that the applicant was definitely interested in seeing that the loan is sanctioned, because, unless such loan is sanctioned, he would not get a bonus, as is suggested. 3. After having considered the papers and the very 3 Criapln4889/2011 fact that out of 140 cases of loan, 130 cases are missing, it is apparent that all is not well. In my view, the designation of the present applicant viz. Credit Assistant would not keep him away out of the whole episode of embezzlement of funds. Better investigation can be done by the police if the present applicant is not armed with the order of anticipatory bail. In view of above discussion, application stands rejected. ( R.Y. GANOO, J. ) SRM/2/12/11