Manoj Vasantlal Firodiya v. The State Of Maharashtra

2024:BHC-AUG:24984

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 BAIL APPLICATION NO. 1695 OF 2024 MANOJ VASANTLAL FIRODIYA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Chittal Nandini. APP for Respondent/s-State : Mr. G. O. Wattamwar. ...

CORAM : S. G. MEHARE, J.

DATE :

15.10.2024 PER COURT :- 1.

Heard the learned counsel for the applicant and learned APP for the respondent-State.

2.

The applicant seeks bail in Crime No.121 of 2022, registered with Kotwali Police Station, District Ahmednagar, for the offences punishable under Sections 409, 420, 467, 468, 471, 120-B read with Section 34 of the IPC and Sections 3, 4 and 5 of the M.P.I.D. Act.

3.

After a detail investigation, the Ex-Chairman of the Ahmednagar Urban Co-operative Bank had lodged the report. He has quoted various illegalities committed by the existing Board of Directors. It has also been alleged that the applicant being the Assistant General Manager was helping them to

siphon the money. The forensic audit was done and that is the basis for the arraigning the applicant as an accused. The Investigating Officer has summarized the allegations against the applicant that the applicant did not discharge his duty and was granting loan to the persons who are not illegible and accepted the forged mortgaged document with increased valuation of those properties. However, the forensic audit report does not reveal that the documents of the so called loan were forged. The prosecution did not have a material to point out that out of such illegalities, the applicant has received a single penny. It may presume that he was acting irresponsibly. However, it is a matter of his explanation during the trial under what circumstances he was acting upon the directions of the Board of Directors and Chairman of the bank. His bank accounts show no huge amount.

4.

Perusal of the record and the summary of the Investigating Officer, no where discloses that out of such illegalities, he was benefited from the illegalities. Nothing is to be recovered from him. He is languishing in jail for sufficient period. Therefore, he deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant MANOJ VASANTLAL FIRODIYA be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, on the following conditions :

(a) The applicant should not tamper with the prosecution witnesses.

(b) He should attend the trial on each and every effective date.

(S. G. MEHARE, J.) ...

vmk/-