(1) 9.9-A.411.416.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO.411 OF 2021

Nivrutti s/o Ganesh Gebad

Vs.

State of Maharashtra through PSO, Hiwarkhed, Tq. Telhara, Dist. Akola

WITH

CRIMINAL APPLICATION (ABA) NO.416 OF 2021

Rajivkumar s/o Bisheshernath Shingari

Vs.

State of Maharashtra through PSO, Hiwarkhed, Tq. Telhara, Dist. Akola

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Office Notes, Office Memoranda of Coram,

Court'

s or Judge'

s orders

appearances, Court'

s orders of directions

and Registrar'

s orders

Shri J. Y. Ghurde, Advocate for applicant in ABA No.411/2021

Shri Ashwin Deshpande, Advocate for applicant in ABA No.416/

2021.

Shri H. D. Dubey, APP for non-applicant/State.

CORAM : VINAY JOSHI, J.

DATED : 11/08/2021

In anticipation of arrest in Crime No.259 of

2021, registered with Police Station, Hiwarkhed, District

Akola for the offences punishable under Sections 420,

409 read with 34 of the Indian Penal Code, the

applicants are claiming pre-arrrest protection.

2.

The applicant of Criminal Application (ABA)

No. 416 of 2021 namely Rajivkumar was working as

Bank Manager at Adgaon Branch of Central Bank of India

(2) 9.9-A.411.416.2021

whilst applicant of Criminal Application (ABA) No. 411

of 2021 namely Nivruti is agriculturist.

3.

It is the prosecution case that the Central

Bank of India has floated various loan schemes for the

farmers. The applicants along with others used to

contact tribals under pretext of sanctioning loan and

collected their documents. They have taken thumb

impression and signatures of the prospective borrowers

on various forms, slips etc. On the basis of forged

documents, the loans were got sanctioned and the

amount was misappropriated. Thus, the applicants have

committed fraud and duped the bank as well as cheated

number of tribals.

4.

This Court has granted interim protection to

both applicants vide order dated 23.07.2021 on

assurance of applicants depositing certain amount to

show their bonafide. It reveals from the FIR that during

special audit it was revealed that there were total 24

bogus loan cases involving embezzlement of

Rs.35,9,483/-. Both applicants have deposited

(3) 9.9-A.411.416.2021

Rs.17,50,000/- each in the Court i.e. total amount of

Rs.35,00,000/- matching to the amount of

embezzlement.

5.

The State resisted bail by filing reply /

affidavit and pointing towards seriousness of crime

learned APP submits that there is likelihood of coming

forward some more cases of fraud. However, prima facie

it appears that already special audit has done, which has

examined all the loan transactions and came to the

conclusions that the total embezzlement is of

Rs.35,00,000/-. The period of fraud was from

06.05.2017 to 29.11.2019 and by the time applicant

Rajivkumar a Manager has been transferred. All the

documents are seized during the course of investigation.

Having regard to the special feature, that entire

embezzled amount of Rs. 35,00,000/- has been

deposited in this Court, the appellants’ liberty can be

protected by directing them to co-operate in the process

of investigation. In view of that, following order:

(4) 9.9-A.411.416.2021

(i)

Criminal Application (ABA) Nos. 411 of

2021 and 416 of 2021 are allowed.

(ii) Interim common order dated 23.07.2021

is hereby made absolute on the same terms and

conditions with modification that both

applicants shall attend concerned Police Station

on every Sunday in between 11.00 a.m. to 2.00

p.m. till filing of charge-sheet or for the period

of six months whichever is earlier.

(iii) The amount of Rs. 35,00,000/- deposited

in Court be transferred to the account of Trial

Court for its disposal in his discretion strictly

according to law.

JUDGE

Sarkate