1 Cri.B.A. No. 425/2022Ex.1 Order below Exh.1 in Cri. Bail Application No. 425/2022
Vishal Bhaskar Landge .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Wavi Police Station, Barhe, Tal. Sinnar. (Cr. No.I 62/2022) .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in the event of his arrest in the aforesaid Crime registered at Barhe Police Station, for the offence punishable under section 409 of the IPC.
Accordingly, the interim protection was granted to the applicant on 30.03.2022 till filing of reply by the Opponent State.
2.According to the case of Prosecution, the FIR was lodged by the complainant namely Sandip Umakant Patil, who is working as Asstt. Superintendent, Post Office, Nashik City, Nashik, alleging therein that the applicant was working as Branch Dakpal at Marhal Sub Post Office, Tal. Sinnar. He used to collect small savings from the customers, make necessary entries in their passbook and deposits their amount in the Post office. One Shantabai Nivrutti Ghuge had given her savings to the applicant on 17.07.2017, 25.08.2017, 21.09.2017, 14.12.2017, 17.01.2018 and 23.02.2018 total Rs.5,000/ in different denomination for depositing the same in the Post Office in her account. Similarly, the applicant had accepted the amount from different customers also. He made necessary entries to that effect in their passbook. But he didn’t deposit the said amounts in the Postoffice in their respective accounts. Even he has not made counter entries in the books of accounts kept in the Post Office. Thus, he misappropriated the total amount of Rs.10,400/ belonging to the customers. The said fact came to the notice of the Officials of the Post. The Departmental enquiry was initiated against him. In pursuance of which, the applicant was terminated from the service.
The period of alleged misappropriation was from 17.01.2017 to 23.02.2018. Based on his report, the offence came to be registered against the applicant and he is apprehending his arrest at the hands of the police.
3.The learned counsel Mr. P.R.Kalantri appearing for the applicant/accused has argued that the applicant is innocent and has not committed any offence. He is already terminated from the service.
The period of misappropriation is 20172018 and the offence is registered in the year 2022. Thus, there is inordinate delay in lodging the FIR. Further the case is based on documentary evidence so custodial interrogation is not warranted. Under such circumstances, applicant prays for relief. He is ready to cooperate with the investigation.
4.The Investigating Officer has filed his reply at Exh.6 and learned APP Mrs. Reshma Jadhav has strongly opposed the application stating that the offence is serious in nature and the presence of applicant is required for detail investigation such as to find out how many persons have been cheated by the applicant and the amount of misappropriation. If protection is granted to the applicant, it may hamper investigation. Hence, prayed for rejection of the application.
5.After hearing both the sides, it appears that the nature of offence is extremely serious though the amount of misappropriation is small. The allegations is that applicant has misappropriated the amount of Rs.10,400/ which was deposited by the depositors. He has not deposited the said amount in the Post Office. Though the amount was recovered but his custody is required to find out in how many cases he had misappropriated the amount which has ultimately caused serious financial loss to the innocent depositors, who else are involved with him actively etc. Hence, I am not inclined to grant relief to applicant. Hence, following order.
O r d e r
1. Application stands rejected.
2. The interim protection granted to applicant on 30.03.2022 stands vacated.
3. Inform concerned police station accordingly.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.04.11 ( Smt. S.S. Nair )
16:40:00 -0600 Date : 11.04.2022. Addl. Sessions Judge 4, Nashik.