(Exh.1)
::1::
Criminal Bail Application No.1004/2022
Criminal Bail Application No.1004/2022
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. for offence
registered at Deola Police Station, in CR No.170/22 for offence
punishable u/s. 420, 467, 468, 406, 408, 409, 380, 120B, r/w.34 of
Indian Penal Code,1860 and Sec.3 and 4 of Maharashtra Protection of
Interest of Depositors Act.

2]
The fact of the prosecution case are as follows,
The informant Mr.Shriram Vasant Bhor Regional Registrar,
Bank of Maharashtra, 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 deposit 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
(Exh.1)
::2::
Criminal Bail Application No.1004/2022
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 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 deposit slip
with cash crop account number and given Rs.1,16,000/- cash amount
to applicant. He has returned deposit slip with stamp and seal. But did
not deposit amount in his account and thereby misappropriated
Rs.1,16,000/-.
4]
The fact of the applicants 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.

He 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 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 deposit. But, despite of keeping in
fixed deposit 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]
::3::
Criminal Bail Application No.1004/2022
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 classified and discussed
various role played by these 5 accused while dealing in BOM bank
(Exh.1)
::4::
Criminal Bail Application No.1004/2022
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, classiv 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.
(V)
Sanjay Deore, Bank Mitra of the BOM bank. He is
looking after help to the customers to file loan application, FDR forms
(Exh.1)
::5::
Criminal Bail Application No.1004/2022
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.2,35,41,000/- which may
increase further. Accused no.5 played role of withdrawing Rs.12 lacs
with the help of accused no.3 (cashier). He has also mortgaged gold of
accused no.4 (Safai Kamgar) and get Rs.4 lacs loan. All these overt act
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 ( कुं 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 the considered opinion that application need to be
rejected. Hence, order –
(Exh.1)
::6::
Criminal Bail Application No.1004/2022
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
17:35:25 +0530
Date : 08.09.2022.

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