Indrajeet Vitthal Rao Waghmare v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2557 OF 2024 Indrajeet Vitthal Rao Waghmare ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Kuldeep U. Nikam for the Applicant.
Mr. S. R. Agarkar, APP for Respondent-State.
****** CORAM: MANISH PITALE, J.
DATE : 23rd OCTOBER 2024 P.C. :
.
Heard learned counsel for the applicant and learned APP for the respondent-State.
2.
On 23rd September 2024, this Court granted interim relief in favour of the applicant, subject to specific conditions, including a direction to appear before the Investigating Officer on 26th September 2024 and thereafter, as and when called. 3.
The learned APP, on instructions, submits that the applicant did appear before the Investigating Officer on 26th September 2024 and he has cooperated with the investigation. 4.
While granting interim order in favour of the applicant, this Court had observed as follows :
"3.
The FIR, in the present case, is registered at the behest
of Field Officer, Agricultural Loan Department of Sangli District Central Bank, a co-operative bank. The applicant was working as a branch manager at the branch of the said cooperative bank located at Basargi. The allegation against the applicant is that, being a branch manager, he caused increase of credit limit, concerning loan account of one Mr.Bamne from Rs.1,05,000/- to Rs.7,55,000/- lakhs. It is alleged that the applicant got two cheque-books issued in respect of the said loan account and retained one of the cheque-books. The allegation is that the applicant thereafter forged the signature of Mr. Bamne and withdrew amount of Rs.6.50 lakhs, thereby causing serious financial loss to the bank and also causing adverse consequences to the said Mr. Bamne.
4.
The FIR itself records that in March 2024, the applicant deposited an amount of Rs.7,50,000/- with the co-operative bank in the light of he aforesaid facts being noticed. This Court is further informed that the applicant has been suspended and he is facing departmental enquiry. 5.
Although the learned APP has vehemently opposed the present application, this Court is inclined to grant interim relief, while keeping the present application pending. This is for the reason that even as per the statement leading to registration of the FIR, the applicant has deposited amount of Rs.7,50,000/- with the co-operative bank, while according to the investigating authority, amount of about Rs.36,00,000/- towards interest is yet to be recovered. Since the applicant is already suspended and he is facing departmental enquiry, he does not have access to the records of the bank for tampering with the documents. The applicant has undertaken to cooperate with the investigation." 5.
The reasons recorded in the above quoted portion, would hold good for allowing the application itself, in the light of the fact that the applicant has cooperated with the investigation. 6.
In view of the above, interim order dated 23rd September 2024 is confirmed and the application is allowed, subject to the
applicant continuing to cooperate with the investigation. He shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence. MANISH PITALE, J.
BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.10.23 17:55:50 +0530