1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2407 OF 2009 Rajendra Rasiklal Shah ........ Applicant versus The State of Maharashtra ........Respondent. Mr. R.D. Soni i/b. M/s. Ram & Co. adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 20th August, 2009. P. C.: 1. Apprehending arrest in C.R. No. 152/06 registered with Panchavati Police Station, Nashik for offence under sections 403, 406, 408, 418, 420, 468, 421, 120-B of IPC, the applicant has moved the present application under section 438 of Cr.P.C. for anticipatory bail. The applicant carries on business in real estate had had obtained a loan of Rs. 86 lacs for the purposes of his business from Shriram Sahakari Bank, Nashik. It is also categorically asserted by the applicant that the entire amount has been repaid as back as on 8-9-2004. The said payment was by transfer entry from the current account of Viraj Estate Private Limited of which the present applicant is one of the directors. The applicant has placed on record a receipt indicating the payment of 2 Rs. 92 lacs on 8-9-2004. The learned APP appearing for the State does not dispute the fact that the applicant has repaid the entire amount of loan together with interest in this account by transferring the amount of Rs. 92 lacs as indicated herein above. In that view of the matter, prima facie the applicant is entitled to be released in the event of his arrest. The learned APP has placed on record the communication received from the Superintendent of Police dated 18th August 2009 from the concerned bank and according to the learned APP the entire amount in this account, wherein the loan of Rs. 86 lacs was obtained by the applicant has been fully repaid. In that view of the matter, I direct that in the event of arrest of the applicant in C.R. No. 152/06 registered with Panchavati Police Station, Nashik for offence under sections 403, 406, 408, 418, 420, 468, 421, 120-B of IPC, the applicant shall be released on bail on executing personal bond in the sum of Rs. 25,000/- with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated under section 438(2) of Cr.P.C. and shall attend the police station as and when so required. The application is disposed of. (A. P. Deshpande, J.)