Krishnamurthy Sadashivan v. State Of Mah. Thr. Pso, Ramtek Ps, Tah. Ramtek, Distt. Nagpur.

1 26 aba 760.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 760 OF 2021 Krishnamurthy Sadashivan ..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.R. Khapre, Advocate for applicant.

Shri S.D. Sirpurkar, A.P.P. for non-applicant/State. CORAM :

VINAY JOSHI , J.

DATED :

14/12/ Heard.

2.

In anticipation arrest in Crime No.421 of 2019 registered with Ramtek Police Station, District Chandrapur for the offence punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, the applicant has prayed for pre-arrest protection.

3.

A Bank Manager has lodged the report alleging illegal sanction of loan i.e. without verification of documents. The period of alleged misappropriation is of the year 2013-2014. The applicant retired from the services of the Bank.

4.

It is stated that it was the duty of the Agricultural Officer i.e. one Pankaj Deshmukh to verify the documents for the purpose of loan. It is brought to the notice that even departmental action has been initiated against Pankaj Deshmukh. The State though

2 26 aba 760.2021 claims exception to this bail application, however, conceded that the applicant has co-operated with the Investigating Agency. By an additional affidavit, it has been stated that "Bank Mitra" i.e. Pankaj Deshmukh was on duty to verify the documents. Having regard to these facts, applicant's liberty can be protected by directing him to join the course of investigation. In view of that following order is passed :

(a) Criminal Application stands allowed and disposed of accordingly.

(b) Ad-interim order dated 02.11.2021 passed by this Court is hereby made absolute upon same terms and condition.

(c) The applicant/accused shall attend concerned Police Station as and when called.

(d) The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

JUDGE Trupti TRUPTI SANTOSHJI AGRAWAL 20.12.2021 15:02