(Exh.1)
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Criminal Bail Application No.1001/2022
Criminal Bail Application No.1001/2022
Sanjay Raghunath Deore
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, the allegations against this accused
that he was serving as a Bank Mitra in Bank of Maharashtra and played
vital role by accepting Rs.12,00,000/- from Bharat Jibhau Pawar with
withdrawal slip and thereby unauthorisely withdrawan Rs.12,00,000/-
(Exh.1)
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Criminal Bail Application No.1001/2022
from account of his mother and thereby transferred the amount directly
to his own account. The said amount has been withdrawn by the
applicant by way of the cheque. The accused is also taken hand loan of
Rs.4,00,000/- by keeping gold of accused No.1 Bhagwan Aher to obtain
loan. Accordingly, the offence is registered on the aforesaid sections.
4]
The fact of the applicants case are as follows :
The applicant is innocent and he has not committed any
offence. Applicant received amount of Rs.5,00,000/- from co-accused
No.1 via account to account. The applicant has taken bank loan by way
of mortgage of gold and this is not offence. During police custody
nothing recovered. Hence, prayed for bail.
5]
I have heard Ld.Adv. Shri.Nikam for applicant who pithily
submitted that he is playing very minor role in the Bank as a Bank
Mitra. He has taken loan towards gold mortgage and nothing else. His
wife is pregnant.
6]
I have heard Ld.APP Shri.Kadave who vehemently argued
that the Bank employees by hatching criminal conspiracy induced poor
bank customers who delivered cash amount and cheque in order to
keep in fixed deposit. 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 bail. He has also
submitted that, total 54 account holders were cheated at the instance
of all applicants to the tuneof Rs.2,35,41,000/-.
7]
I have gone through the preliminary inquiry report by the
Quick Response Team (QRT) headed by the regional direction of Bank
(Exh.1)
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Criminal Bail Application No.1001/2022
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
Bahur branch.

(Exh.1)
9]
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Criminal Bail Application No.1001/2022
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.

(Exh.1)
10]
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Criminal Bail Application No.1001/2022
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
(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 the considered opinion that all application need to
be rejected. Hence, order –
(Exh.1)
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Criminal Bail Application No.1001/2022
ORDER
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
17:35:02 +0530
Date : 08.09.2022.

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