1 crap4329.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4329 OF 2011 Ankush s/o Datta Gaikwad, age 22 years, occ. Service, r/o Malewadi, Tq. Gangakhed, District Parbhani. ...Applicant VERSUS The State of Maharashtra, through the Police Inspector, Police Station Hingoli City, Tq. & Dist. Hinoli ...Respondent ..... Shri M.B.Sandanshiv, advocate for applicant Smt. R.K.Ladda,, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21st October, 2011 PER COURT : 1 Perused the investigation papers which were made available for perusal purpose and heard respective learned counsel for the parties finally. 2 crap4329.11 2 This an application preferred by the applicant for anticipatory bail apprehending his arrest under C.R. No. 163 of 2011, registered at Hingoli City police station, District Hingoli, for the offences punishable under Sections 420, 408, 403, 418, 468, 471 r/w 34 of the Indian Penal Code. It is reported that on 19 th October, 2011, charges for other offences under Sections 419, 406, 464 and 567 of the Indian Penal Code were added against the applicant and other co-accused persons. 3 It appears that the crime has been registered on the basis of the complaint lodged by the complainant namely Shaikh Rasool Shaikh Mirasaheb, Zonal Manager of M/s Spandana Sphoorty Finance Ltd., Zone Parbhani on 29 th August, 2011. It is alleged that the main office is at Hyderabad and there are three branches in Hingoli district. It is also alleged that at Hingoli Branch one Mr. Veer Babruvan Abhagrao is the Regional Manager and Mr. Manish Ratanlal Upadhyay is the Branch Manager. As regards the applicant, it is alleged that he is Data Operator and there are other credit assistants working at Hingoli Branch. The afore said financial company is a non- banking financial company having approval of Reserve Bank 3 crap4329.11 bearing registration No. N.B.F.C. N-09/00414. The said financial company used to provide loans upto Rs.15,000/- to unemployed educated persons and the persons from weaker section, after adopting certain procedure for the allotment of the said loan. 4 It is alleged that on 22 nd August, 2011, the Branch Manager of Hingoli Branch informed the complainant that some unknown persons of M.N.S., a political party from Hingoli visited the said branch and threatened them to kill and caused damage to the furniture and other articles in the said branch. Hence, the complainant visited the said Hingoli branch on 23 rd August, 2011 and noticed that the furniture, articles and papers were scattered. He also tried to inquire with the above said Branch Manager and other employees on their respective mobile phones. But it appears that the said mobile phones were switched off and no one turned up to the office. Hence, the complainant inspected the documents and found that loans were disbursed to about 140 persons, but noticed that loan papers of hardly 10 persons were obtained. He also noticed that loans were disbursed by preparing false and fabricated 4 crap4329.11 documents with forged and bogus signatures and it was revealed that the employees of the said branch had committed fraud to the tune of Rs.21,12,000/-. Hence, he lodged the report against the employees including the applicant as afore said. 5 On the afore said background, it is the contention of the applicant that he is merely a Data Operator, who was working in the said branch and he acted as per the instructions of his superiors. It is also the contention of the applicant that he is not concerned with the alleged fraud. It is further submitted that the Credit Assistants were employees of the said branch, who used to contact the general public for advancing loans and applicant was not concerned with the said job. It is also canvassed that the applicant is the only earning member in the family, and hence, urged that he be protected by granting anticipatory bail. 6 Learned A.P.P. countered and opposed the application vehemently and submitted that the applicant herein, in collusion with other employees of the branch, prepared false and bogus documents for allotment of the loans. It is also 5 crap4329.11 alleged that the applicant, in collusion with other employees, forged the signatures and applicant fed the data in the computer, and in connivance with the other co-accused, committed the embezzlement to the extent of Rs.21,12,000/-. It is also pointed out that no recovery has been made so far of the said amount. It is also canvassed by learned A.P.P. that during the course of investigation, statements of the persons have been recorded and statements of Rajesh Suryawanshi, Bhupati Mendewad, Siddarth Jamdhale and recovery officer Sharad Shelke and Shaikh Isaq involve the applicant in the alleged crime. Accordingly, learned A.P.P. urged that the bail application is devoid of any merits and same be rejected. 7 Considering the rival submissions advanced by the learned counsel for the parties, admittedly the applicant was working in Hingoli branch of the afore said company as Data Operator and there are specific allegations against the applicant and other co-accused persons in the F.I.R. That the applicant and the co-accused persons disbursed the loan to 140 persons, out of which documents from 130 persons were not obtained. It is also alleged that false documents were prepared 6 crap4329.11 with the forged and bogus signatures of the persons whom it was shown that the loan was advanced and only documents pertaining to 10 borrowers whom loans were advanced were available and the embezzlement in that respect is to the tune of Rs.21,12,000/-. The said amount has not been recovered so far. Sections 419, 406, 464 and 467 of the Indian Penal Code have been added subsequently against the applicant and other co-accused persons on 19 th October, 2011. Besides, statements of the above referred witnesses, categorically disclose the role of the applicant in the alleged fraud and siphoning of the amount. Moreover, the modus operandi for the embezzlement of amount to the tune of Rs.21,12,000/- is required to be unearthed, since the siphoned amount is the public money. 8 In the circumstances, having the comprehensive view of the matter and considering the accusations made against the applicant and nature and gravity thereof, there is apparently prima facie case against the applicant, and therefore, the custodial interrogation of the applicant is imperative for further progress of the investigation in proper perspective, and hence, present application deserves to be rejected. 7 crap4329.11 9 In the result, present application stands dismissed and is disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4329.11