(Exh.1)
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Criminal Bail Application No.1005/2022
Criminal Bail Application No.1005/2022
Appa Narayan Sonawane
Vs.
State of Maharashtra
(Deola P..S.)
ORDER BELOW EXH.1
1]
This Bail Application is filed u/s. 439 of Cr.P.C. registered at
Deola Police Station, in CR No.172/22 for offence punishable u/s.
120B, 405, 406, 420, r/w.34 of Indian Penal Code,1860 and Sec.3 and
4 of Maharashtra Protection of Interest of Depositors Act.
2]
The facts of the prosecution case are as follows,
The informant Nishigandha Yogesh Jadhav, resident of
Soygaon, Malegaon, Tal. Malegaon lodged complaint that, accused
Bhagwan Aher, Anil Sharma, Appa Narayan Sonawane, Ashish Sing and
Sanjay Deore are working in the Bank of Maharashtra, Branch Bhaur,
Tal.Deola, Dist.Nashik. All these employees of the Bank of Maharashtra
by forming criminal conspiracy, gaining faith of the customers of the
Bank. By accepting the cash amount to deposite in saving account by
accepting cheque in the name of Bank of Maharashtra and by preparing
bogus, fabricated FD receipts of the customer showing as a
genuine FDR and thereby cheated various bank customers for wrongful
gain and themselves and wrongful loss of bank customers.
3]
In this particular case, Appa Narayan Sonawane i.e.

applicant working as a Cashier. He is the custodian of FDR Receipt
Book, Demand Draft and Cash Amount. In absence of manager,
probationary officer is the custodian. He was working as a cashier for
the period 19.10.2021 to 12.10.2022 and the offence took place in
(Exh.1)
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Criminal Bail Application No.1005/2022
between the same period 11.10.2021 to 12.07.2022 when he was
custodian of bank books. One of the witness Namdeo Chabu Pawar has
filled deposite slip with cash crop account number and given
1,16,000/- cash amount to applicant. He has returned deposite slip
with stamp and seal. But did not deposite amount in his account and
thereby misappropriated Rs.1,16,000/-.
4]
The fact of the applicant’s case are as follows,
The applicant is innocent and he has not committed any
offence. He is arrested on suspicion basis. He has not played any role.
Entire investigation is over. The police have already seized material
documents with respect to the said offence from the said Bank.
5]
I have heard Ld.advocate Shri.Vaishampayan for applicant
who pithily submitted that the FIR nowhere reveals name of the
applicant. He join as a cashier in December, 2021. Nothing seized from
his possession.
6]
I have heard Ld.APP Shri.Kadave alongwith I.O. Mr.Tejale
(EOW) who vehemently argued that the Bank employee by hatching
criminal conspiracy induced poor bank customers to deliver cash
amount, cheque in order to keep in fixed deposite. But, despite of
keeping in fixed deposite all employees including applicant played
major role in commission of offence. Therefore, all applicants are not
entitled for the bail. He also submitted that, total 54 account holders
were cheated at the instance of all applicants to the tune of
Rs.2,35,41,000/-.

(Exh.1)
7]
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Criminal Bail Application No.1005/2022
I have gone through the preliminary inquiry report by the
Quick Response Team (QRT) headed by the regional direction of Bank
of Maharashtra, Malegaon Zone Office. It is observed by the said team
(hereafter called as QRT) that on receiving complaint applications
about two FDR Rs.3,70,000/- each from Mr.Jaywant Nikam which were
theft and signed by daily wages person (cleaner) Mr.Bhagwan Aher
(Applicant No.1). On inquiry it is found that 27 FDR (fixed deposit
receipts) were missing and again received complaints only for two FDR
and found forged amount in one FDR wroth of Rs.2,75,000/-. During
inquiry it is observed by the QRT committee that the accused no.1 Amit
Sharma who played role as a branch manager of Bank of Maharashtra
(BOM). Accused no.2 Ashish Singh who played role as a probationary
officer. Accused no.3 Appa Sonawane as a cashier. Accused no.4
Bhagwant Aher, Sweeper (Safai Kamgar) and accused no.5 Sanjay
Deore, Bank Mitra. Bhagwan Aher has mis-utilised the position and
gain trust of bank depositors, account holders of Bahur branch, Deola.
He has stolen the security stationary i.e. FDR’s Form of the branch and
issuing hand written FDRs to customers with false account numbers by
receiving amount from the bank deposits and thereby cheated and
misappropriated the amount of Rs.1,50,73,450/- for self monetary
benefits. It is apprehension to the QRT team that it is a huge fraud of
crores of rupees in BOM bank and more than 27 FDR has been missing
and investigation is going on. In preliminary inquiry they found
cheating with the help of FDR to the tune of Rs.2,35,41,000/- by all
accused in furtherance of common intention.
8]
After perusal of the QRT observation, say filed by the IO
and pleading of both the parties I would like to classify and discuss
(Exh.1)
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Criminal Bail Application No.1005/2022
various role played by these 5 accused while dealing in BOM bank
Bahur branch.
9]
Lets have a glance on the role played by the all accused
(I)
Amit Sharma (branch manager BOM), he was looking
after subject of crop loan, home loan, vehicles loan, mortgage loan and
recovery of all loans as well as he was supervision authority over the
bank and controlling his subordinating staff.
(II)
Ashish Singh (P.O.) he was looking after charge of the
manager in the absence of the manager officially.
(III) Appa Sonawane (Cashier) he was assigned duty
against payment of withdrawal, deposing cash amount from customers
and help them to fill up deposit, withdrawal slip, cheque, FDR, FDR
form etc. For amount more than of Rs.20,000/- cheque transaction was
mandatory. ATM Card, mobile link with Adhar Card, keeping deposits,
accepting cash and he was having one key of a locker and other key is
with the manager (applicant no.1/accused), he was in-charge of the
cash amount.
(IV) Bhagwant Aher (Sweeper) actually no administrative
role has been given to the class-iv employee but he has played major
role in cheating in forged FDR by accepting crore of rupees from the
Adiwasi peoples, farmers, poor people who has reposed faith from
them; who earn this amount by hard work and kept in deposit for
livelihood and to fulfill their dream of home, etc. Unfortunately, class-iv
employee who is local resident employee of which farmers kept faith
and given lacs of rupees to keep in the fixed deposits. But he has not
kept in the bank account and FDR and misappropriated with the help
of other four accused.

(Exh.1)
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(V)
Criminal Bail Application No.1005/2022
Sanjay Deore, Bank Mitra of the BOM bank. He is
looking after help to the customers to file loan application, FDR forms
and licesoning between the bank employees and customers.
10]
It is very unfortunate state of affairs that four well educated
bank officers with the help of uneducated class-iv Sweeper induced the
farmers in the capacity of employees of Bank of Maharashtra which is
nationalized bank and collected cash amount in order to keep in the
fixed deposit scheme and thereby with the help of forged and
fabricated FDR cheated and misappropriated crores of rupees for
wrongful gain to themselves and wrongful loss to the customers of the
Bank of Maharashtra.
11]
It is to be noted QRT report reveals that series of the
complaint has been filed in Deola Taluka and investigation has been
carried out by Economic Branch and other police station. It is
complicated case of fraud which need to be investigated thoroughly.
The theft of more than 27 FDR is serious offence. It is nothing but
hatching criminal conspiracy by all accused in furtherance of their
common intention and I am of the opinion that the amount
misappropriated is in the present position Rs. 35,00,000/- which may
increase further. Applicant-Accused played role of withdrawing Rs.15
lacs with the help of co-accused. All these overtact are certainly serious
one. Nowadays, economic offence arising and there is alarming
situation in India. It is unfortunate state of affairs that Guardian
became Eater (रक्षक बनले भक्षक). It means fence ate a field ( कंु पनाने शेत खाल्ले ).
Therefore, they are not entitled to release on bail. It is exception case to
the principle of “Jail is exception and bail is rule”. Therefore, I am of
(Exh.1)
Criminal Bail Application No.1005/2022
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the considered opinion that application need to be rejected. Hence,
order ORDER
1)
2)
Bail Application below Exh.1 is rejected being devoid of
merits.
Criminal Bail Application accordingly disposed off.
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.09.14
17:35:41 +0530
Date : 08.09.2022.

( Dr. U. J. More )
District Judge-13 and
Assistant Sessions Judge, Nashik.