AMITABH GUNJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.06 of 2023 registered with Alibag police station, for offences punishable under Ss. 420 and 409 r/w 34 of the Indian Penal Code , 1860 (for short ' IPC '), the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').

(2.) According to the prosecution, the applicant was the Manager of the State Bank of India, Branch-Chendhare, Alibag during the period from 2/7/2018 to 24/5/2021. During that period, Dhaneshwari Ashok D applied for educational loan of Rs.2,85,000.00 which was processed by co-accused Amitabh Gunjan. However, instead of transferring the loan amount to the concerned education society, the said amount was transferred in her HDFC Bank account on 20/2/2021. Thereafter, on 21/2/2021 Dhaneshwari Ashok D transferred the entire amount in the account of Pranit Patil who was working in the State Bank of India, Branch-Chendhare, Alibag as peon and in turn he transferred amount of Rs.40,000.00 in the account of the applicant and remaining amount in the account of co-accused Amitabh Gunjan. Thus, the applicant and co-accused misappropriated the amount and cheated the bank. This fact was revealed during the bank audit. Therefore, the complaint was registered with the concern police station.

(3.) On perusal of the report, documents on record and the case papers, prima faice, it appears that Rs.2,85,000.00 was sanctioned by the bank for the purpose of transferring it to the educational institute. The applicant instead of transfering it into the account of borrower, the amount was transferred in the account of co- accused. The borrower had already paid Rs.25,000.00 as it was necessary to be paid before particular time. Having realized about irregularity, she transferred the amount to the Peon's account and the Peon in turn transferred amount of Rs.2,60,000.00 in the account of applicant. Thereafter, the applicant transferred the said amount in the account of educational institution. Net result is that the total sanctioned amount Rs.2,85,000.00 is appropriated by the educational institution. Therefore, custodial interrogation of the applicant is not necessary. The applicant has made out a case for his relief under Sec. 438 of Cr.P.C. Hence, following order: