Rafik Rashid Shaikh v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1798 OF 2017 Rafik Rashid Shaikh .Applicant Vs.

The State of Maharashtra .Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1825 OF 2017 Shahaji Popat Rokade .Applicant Vs.

The State of Maharashtra .Respondent Mr. Ritesh Thobade, Advocate, for the Applicant in ABA No. 1798 of Mr. M. B. Patil, APP, for the Respondent - State in ABA No. 1798 of Mr. P. G. Sarda, Advocate, for the Applicant in ABA No. 1825 of 2017 Mr. Ajay Patil, APP, for the Respondent - State in ABA No. 1825 of

CORAM

:

A.S.GADKARI, J.

DATE :

14.11.2017 P.C.

.

By orders dated 10.10.2017, the Applicants were granted interim relief.

2.

The first information report is lodged by Shri Altaf Hussain Mohiyoddin Jamadar, the Branch Manager of State Bank of India, Jeur,

Taluka - Karmala, District - Solapur alleging that the Applicants Shri Rafik Shaikh was working as an assistant/cashier and Shri Shahaji Rokade was working as senior assistant/cashier in the said branch. That the Applicants in connivance with Shri Yashwant Shete, the then Branch Manager, transferred an amount of Rs. 9,29,810/- which was kept as Fixed Deposit by Smt. Surekha Borade, in an inoperative account of Shri Shridhar Kulkarni and thereafter, siphon off of that amounts. When Smt. Borade tried to liquidate her Fixed Deposit, the said fact came to the notice of the Bank. The Bank, thereafter, appointed Shri Aniket Shejwal, as an enquiry officer. After conducting enquiry, the present crime is registered.

3.

The learned counsel for the Applicants submitted that as of today, Smt. Borade has received the entire amount and has filed an Affidavit dated 03.04.2017 to that effect. In her Affidavit, Smt. Borade has stated that she has received the entire amount and she has no grievance about the same.

4.

Perused the record. It appears that, the police have already seized the entire record. The investigation of the present crime is related to documents and same has been already seized by the police earlier to this.

5.

In view of the above, interim relief granted by order dated

10.10.2017 in both the Applications is hereby confirmed. However, the Applicants are directed to attend the investigating officer as & when called for between 10.00 a.m. and 1.00 p.m. till submission of chargesheet/final report. 6.

Applications are allowed in the aforesaid terms. (A.S.GADKARI, J.)