(Exh.1) ::1:: Criminal Bail Application No.1071/2022 Criminal Bail Application No.1071/2022

Ashish Anandkumar Sing

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 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
registered at Deola Police Station, in CR No.172/22.

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 along with informant lady for wrongful gain and themselves and wrongful loss of bank customers.

3] In this particular case, the role play by the accused in the capacity of the probationary officer. The informant keep Rs.35,00,000/- in FDR despite of keeping the amount in FDR accued Amit Sharma and
Bhagwan Aher by hatching criminal conspiracy with this applicant and accused Appa Sonawane committed an offence of misappropriation of Rs.35,00,000/-.

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.Gurhani for applicant. He pithily submitted that the FIR nowhere reveals name of the applicant. He joint 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 consparicy induced poor bank customers 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/-.

7] Learned Advocate for the applicant has placed reliance on;
1) Satemnder Kumar Antil Vs. Central Bureau of Investigation LAWS (SC)-2022-7-48.

2) Sanjay Chandra Vs. Central Bureau of Investigation Criminal Appeal Nop.2078 of 2011(arising out of
SLP(Cri.) No.5650 of 2011 D/d.23/11/2011

3)Mohammed Zubair Vs. STATE OF NCT OF DELHI, LAWS(SC)-2022-7-90
4) avinder Sharma Vs. Central Bureau of Investigation

5) Bhagirathsinh Jadeja Vs. STATE OF GUJRATH, LAWS(SC)-1983-11-16/CRLR(SC)1984-0-5

With due respects facts of all citations are not identical to the case in hand.

8] 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 filed in CR.No.170/22 in which applicant is also co-accused. 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.

9] In this particular CR No.172/22 also this accused played vital role in the capacity as a Probationary Officer. As per bank duty list he is in-charge Manager in absence of Manager. The overtact is continous of applicant/accused in furtherence of common intention with co-accused, misappropriated huge amount from customer.

10] 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 Bahur branch.

11] 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.

(V) 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.

12] 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.

13] 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 (कंुपनाने 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 all application need to be rejected. Hence, order –

O R D E R

1) Bail Application below Exh.1 is rejected being devoid of merits.

2) Criminal Bail Application accordingly disposed off.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.14 17:36:00 +0530 ( Dr. U. J. More ) District Judge-13 and Date : 08.09.2022.

Assistant Sessions Judge, Nashik.