Single judge order granting bail to a 51-year-old bank employee. Court found investigation ingenuous and no link to crime. Ordered personal bond with reporting to police.
Released on bail on personal bond of Rs.1,00,000 with sureties and reporting to police once a week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2889 OF 2009
Mrs.Snehal Hemant Pande ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent.
Mr.S.M.Oak, Adv. for the applicant. Mr.Rajesh More, APP for the Respondent.
CORAM: A.P.DESHPANDE, J. 24th July, 2009.
PC:
The applicant is working as assistant manager with Syndicate bank at its Naupada branch. The applicant is an employee of the said bank for the last 28 years and it is asserted in the applicant that her record is unblemished. 2. One Sandip Pawar who is co-accused was an authorized representative of Tata motors limited. On 1.10.2008 he submitted instructions on a letter head of the company to transfer a sum of Rs.61 lacs to SRP account stated to be that of Tata Motors Pvt. Ltd. to HDFC bank, Navi Mumbai having account No.02281540105510. The fact of issuing instructions by Sandip Pawar on 1.10.08 for transfer of the amount finds place in the complaint/FIR lodged by the Chief Officer of the bank. Though the amount was transferred to the said account the HDFC bank did not deposit the same in the named account but returned it back as the name and the account number deferred. 2.10.08 was holiday and on 3.10.08 said Sandip Pawar instructed that the amount be remitted in the account of SRP of HDFC bank. It is stated that he had orally so instructed. When the amount was transferred second time on 3.10.08, the same came to be deposited in the account in name of SRP which appears to be short form of Sandip Raghunath Pawar. This unauthorized and illegal transfer
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of Rs.61 lacs from the amount of Tata Motors came to be noticed by Tata Motors Pvt. Ld and hence by a letter dated 3.3.09 it informed the Syndicate bank that sum of Rs.61 lacs has not been deposited in the account of Tata Motors and thereafter a complaint was filed by the Chief Manager.
“She is beneficiary as it revealed in the investigation upto this stage.” 4. Touching the said observation I posed a categoric query to the learned APP as to what has been disclosed in the investigation which could term the present applicant as the beneficiary. After seeking instructions from IO it is stated that there is no material whatsoever which could connect the present applicant with the amount of Rs.61 lacs transferred by her. No recovery has been made from the applicant. Be that as it may, without going into the merits of the matter suffice it to state that the applicant who has served the Syndicate bank for a period of last 28 years being a lady presently of 51 years age and who has remained in custody for more than 50 days is entitled to be released on bail. It does not appear from the record that her continued custody would benefit the investigation in any manner. The applicant’s husband is serving in Reserve Bank of India. The applicant has two children. Son has passed 12th Std. and daughter is studying in VIth Std. There is no
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chance of the applicant absconding. In the interest of justice and having regard to the facts and circumstances of the case I direct that the applicant be released on bail on her executing personal bond in the sum of Rs.1,00,000/with one or more sureties in the like amount. The applicant shall attend the Economic Offence Wing of Thane City police station on every Monday between 3.00 to 5.00 p.m. till filing of the charge sheet against the present applicant or for a period of two months whichever is earlier. Application stands disposed of.
24.7.2009.
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1 issue framed by the court
Whether the applicant, an elderly bank employee detained for over 50 days, is entitled to release on bail.
Mrs. Snehal Hemant Pande
The State of Maharashtra
A.P.Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
