{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3905 OF 2009 Avinash s/o Suresh Wani Age-28 years, Occ-Business R/o Parola, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.A.K.Tiwari, Advocate for the applicant Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 18 th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.237/2009 registered with Parola police station for an offence punishable u/s 1210-B, 406, 418 and 420 r/w 34 of the Indian Penal Code. 2. As notice of this application was already served on the respondent State, learned APP has made available the papers of investigation for my perusal. {2} 3. Heard learned counsel for the applicant followed by the submissions of the learned APP, appearing for the State. 4. It appears that initially a complaint came to be filed before the Court of Magistrate and the Magistrate had directed investigation u/s 156 (3) of the Criminal Procedure Code. It further appears that on the basis of the investigation the crime came to be registered with Parola police station for the said offence. Perusal of the compliant clearly shows that the complainant is an employee of the said credit cooperative society from where the applicant, who is an employee of other society, had obtained loan by submitting an application on 23.05.2006. The said loan was to be repaid by the applicant till 23.05.2009. There are two guarantors to the loan obtained by the applicant. For certain reasons the applicant could not repay the loan as agreed and hence notice of demand was served on him and inspite of the said notice of demand, the applicant failed to repay the loan. Therefore, the complaint came to be lodged. 5. If the entire compliant is perused, there is no whisper that there is criminal intention on the part of the applicant to cheat the said credit cooperative society in respect of repayment of loan. At the most it can be said to be a civil liability. In the premise, case is made out to exercise discretion to enlarge the applicant on anticipatory bail. {3} 6. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.237/2009 registered with Parola Police station he be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. This protection is granted to the applicant for a period of 4 weeks, within this period the applicant may apply for regular bail before the competent court. Application disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3905-09