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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VPH

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION No. 181 OF 2007

Mithailal Sing & Ors.

. . . Applicants

Vs.

The State of Maharashtra

. . . Respondent

Mr.R. M. Mohite with Mr. S.S. Shah, Advocates

for the applicant.

Mrs. M. H. Mhatre, APP for the State.

CORAM : J.H. BHATIA, J.

DATE : FEBRUARY 9, 2007.

P.C.

.

Heard Mr. R. M. Mohite, the learned

counsel for the applicant and Mrs. M. H.

Mhatre, the learned APP for the State. The

applicants, who are officers of Pratap

Cooperative Bank Ltd., have filed this

application for anticipatory bail in Crime No.

8 of 2007, registered at Mahatma Fule, Police

Station, Kalyan. On the complaint lodged by

Jagpratap Satyanarayan Sing

before the

J.M.F.C. Kalyan. The learned Magistrate

directed the police to investigae the case

under S. 156 Cr.P.C. and therefore, offence

came to be registered. One Manojkumar, son of

the

complainant had

taken loan of

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Rs.45,00,000/- from the bank, on the basis of

documents, showing his mother Smt. Madhavi J.

Singh as surety. Lateron, his father lodged

complaint, contending that Smt. Madhavi is

not a surety and her signatures were forged by

Manoj Kumar. Applicants are officers of the

bank and huge amount of loan was taken,

showing her as

surety.

The proper

investigation in the case would require hand

writing expert’s report in the matter. The

applicants are all the officers of the bank

and thre is no possibility of absconding.

Taking into consideration the nature of the

alleged offence, custodial interrogation of

the present applicants does not appear to be

necessary. Interim protection against arrest

was granted by this court, as per order dated

19th January 2007 with direction to the

applicant to report at the police station on

alternate days. There is no grievance that

they have not obeyed the order. However,

learned APP states that certain original

documents are necessary which are not produced

by the applicants. The learned counsel for

the applicant makes a statement that the

original documents are already produced before

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the Assistant Registrar in the proceeding for

obtaining certificate under S. 101 of the

Maharashtra Cooperative Societies Act. He

assures that they will secure the documents

and produce before the police.

2.

In view of the circumstances, in case

of arrest in Crime No. I-08 of 2007

registered with Mahatma Fule, Kalyan police

station, the applicants shall be released on

their executing Personal Bond of Rs.

10,000/-each with one surety in the like

amount, on condition that they shall cooperate

the police in investigation; they shall make

themselves available as and when required for

the purpose of interrogation. They shall also

produce the documents which may be needed by

the police for the purpose of investigation.

In case they fail to produce the documents

within 15 days from this day, the prosecution

may approach this court for cancellation of

anticipatory bail.

Application stands

disposed of accordingly.

Sd/-

[ J. H. BHATIA, J.]