IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3397/2007 [Suryabhan Roshan Bagde and 3 others vs. State of Mah.] --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 6 th FEBRUARY, 2008. Heard Shri Nitin Vyawahare, Advocate, for the applicants and Smt. Wasnik, A.P.P. for respondent State. Learned A.P.P. was directed to make statement as regards the quantum of loan received by the builder as against the flat to be allotted to each of the applicants as well as at what cost the said flat is being sold to the applicants. Learned A.P.P. has produced the statement of bank official from Bank of Maharashtra, Hanuman Nagar Branch, Nagpur. It is really strange that the statement of this important witness was recorded on 31st January, 2008 when this application for anticipatory bail was filed sometime in first week of November, 2007. Apart from this, from the said statement it appears that the loan was disbursed to the builder. There appears to be an agreement in respect of purchase of flat or rather part of the plot in favour of the applicants for Rs.2,50,000/-, whereas the loan disbursed was to the tune of Rs.5,00,000/- allegedly for the construction of each part of the plot in respect of the applicants. It is stated by the learned A.P.P. that the construction of each part of the plot is complete and therefore, the builder has received the said loan amount. Considering the circumstances of the case, particularly the type of the investigation that is being made, the applicants cannot be refused anticipatory bail. Hence, interim order dated 8.11.2007 is hereby confirmed as follows. In the event of arrest in Crime No. 328/07 of Police Station Ajni, each of applicants be released on his entering into personal bond in the sum of Rs.5,000/- each with one surety in the like amount. Application disposed of. JUDGE Rvjalit