{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4014 OF 2009 Madhukar Sadhaji Lingayatwani APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.V.Nattu, Advocate for applicant Mr.N.B.Patil, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 7th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.225/2009 registered with Gandhi Chowk Police Station Latur. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the said offence came to be registered by the present Branch Manager of Bank of Baroda, in respect of a {2} fraud, which he found in the transactions of the said branch. There are allegations that on the basis of search report, submitted by the advocate on panel and the valuation report submitted by the valuer, huge loans are disbursed by the present applicant while working as Branch Manager. It appears that the the search report submitted by the panel advocate clearly reflects that without verifying the original documents, title clearance certificate and report to that effect was submitted. It appears that relying on the same, loan are disbursed without going through the same. It also appears that loans are sanctioned and disbursed to fictitious persons. It also appears that the loans are disbursed on the properties, value of which is determined by a valuer, who is not authorized valuer of the bank. In the premise, it appears that as a branch manager, the applicant is responsible for the illegal transactions of the bank. In the premise, no case is made out to exercise the jurisdiction vested u/s 438 of the Criminal Procedure Code, as there is prima facie case against the applicant. 4. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/criapln4014-09