{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.628 OF 2010 Syed Rashed Saleem s/o Syed Mobin Age-34 years, Occ-Labour R/o Balepeer, Beed, Tq & Dist-Beed APPLICANT VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Beed, Dist-Beed RESPONDENTS ....... Mrs. Sadhana S.Jadhav, Advocate for applicant Mrs. Yogita M. Kshirsagar, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 23rd February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on anticipatory bail in connection with CR No.42/2009 registered with Beed City police station for an offence punishable u/s 409, 406, 408, 468, 477, 420, 109 r/w 34 of the Indian Penal Code. {2} 2. Heard learned counsel for the applicant followed by learned APP. Also perused the papers of investigation carried out till today. 3. It appears that the said offence is registered on the complaint of one Sevadas Kamble. It is alleged in the complaint that number of irregularities are noticed during the audit of Heena Sahin Urban Cooperative Bank Ltd., Beed and hence the complaint is lodged against the board of directors, chairman, employees and borrowers of the said bank. 4. The applicant has come with a specific case that though he is styled as a defaulter borrower in the complaint, yet he had never been to the bank and not applied for loan at all. The alleged loan is shown in the name of concern Shifa Printing and Stationary, Beed. Extract of the said firm does not mention name of the proprietor but mentions name of the guarantor only. 5. Learned APP relied on the application for loan, which bears signature of the person to whom loan was disbursed, who is like the applicant, however the signature on the loan application and signature on the present application does not match with each other. No other document is coming forth to indicate that the applicant is the proprietor of the Shifa Printing and Stationary. In the premise, the documents collected by the prosecution are not sufficient to link the applicant with the alleged offence. Case is {3} made out to exercise discretion u/s 438 of the Criminal Procedure Code. 6. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.42/2009 registered with Beed City Police station, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant to attend the concerned police station, if required by the Investigation Officer. [A.V.POTDAR, J.] drp/A10/criapln628-10