Both the applications are filed under section 439 (2) of Criminal Procedure Code for cancellation of relief of anticipatory bail granted in favour of respondents/accused from aforesaid two proceedings. They are granted relief in M-Crime No. 1/2012 registered in Ghansawangi Police Station, Dist. Jalna for offences punishable under sections 420, 467, 471 etc. of Indian Penal Code. The crime was registered on the basis of order made by learned Judicial Magistrate, First Class, Ghansawangi, Dist. Jalna in a private complaint filed by the present applicant. Both the sides are heard.

2. The learned APP submitted that the investigation was hampered due to the order of anticipatory bail and there was no other alternative before the police than to file chargesheet as the relief was granted by the Sessions Court. One Officer of concerned bank remained present as per the directions given by this Court. He also supported that there is substance in the allegations and the bank supports the applications filed for cancellation of relief.

3. The crime is registered in respect of the fraud of Rs. 5.5 Crores committed in Kumbhar-Pimpalgaon branch of Bank of Maharashtra (a nationalized Bank). The respondents/accused from the two proceedings were working as Branch Manager in this Branch during the period when the fraud was committed. No chargesheet is filed as against the respondent/accused from the second proceeding viz. Padmakar Jyotipurkar and in view of this circumstance, there is no need to discuss the material or the allegations made against the respondent from second proceeding.

4. One Shri. Pandurang Bhange was Sarpanch of village Pimpalkhed (Bk), Tahsil Ghansawangi and he was leader of a national political party. There is allegation that he joined hands with the Branch Manager of aforesaid branch for creating false record and for obtaining loan from the bank in false names and by using false record, the entire loan amount was collected by this man by using following modus operandi.

(i) Around 200 proposals were made by using fictitious names and entire record of these transactions was forged.

(ii) Around 400 persons were not holding agricultural land. Most of them were simple labours. But proposals were made in their names and loan was obtained under the scheme like crop loan. For that, false revenue record like 7/12 extract and certificate of Local Body was prepared. In some cases, the signatures of labours were obtained by making false representation to them that it was the record of insurance which was to be taken in their names, but in many cases, the signatures and thumb impressions were also forged.

(iii) In remaining cases loans were obtained in the names of some agriculturists by obtaining record and their signatures from them by making false representation to them. Representation was made to them that for insurance purpose such record and signatures were required.

(iv) In some cases, it was informed to the agriculturists that in future they can get big loan and for that, some record of loan needs to be prepared and first loan amount would be taken by Shiro Bhange and he will be repaying the same.

(v) In more than 350 cases, Shri Bhange stood guarantor by showing his jaggery factory and he actually collected the amount. He could not have remained surety or guarantor in these cases.

(vi) When notices about recovery were given to some of the persons by the Bank, they realized that they were deceived and false record was created against them. However, the bank avoided to supply information to them when they requested for information.

(viii) Most of the victims did not dare to come forward to make complaint due to position of Shri Bhange and as he was very influential person, he gave threats of life to them.

5. Many names of affected persons are given in the complaint. With the chargesheet, statements of witnesses are produced and some papers of sample transactions are also produced. There are statements of witnesses like Afsanbi Tambol