(1) CRI. APLN. 4426.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4426 OF 2010 Ismail Ahmad Hashmi Wakil Ahemad Hashmi, Age : 30 years, Occu.: Hotel Business, R/o. New Bhaji Mandai, Beed, Tq. and Dist. Beed Applicant VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Beed, Tq. and Dist.Beed Respondents ..... Mrs. Sadhana S. Jadhav, Advocate for the Applicant. Mr. P.P. More, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 22ND DECEMBER, 2010 ORAL ORDER:- 1. The Application is for directions under section 438 of the Cr.P.C. 2. Heard learned Advocate for the applicant and learned A.P.P. 3. The applicant apprehends his arrest in connection with crime no. 42 of 2009 registered at (2) CRI. APLN. 4426.2010 City Police Station, Beed for offences under section 409, 408, 406, 468 etc. 4. Name of the applicant is shown in the FIR as proprietor of M/s. Suyog Traders. The applicant has filed on record copy of the shop registration certificate (Exh.A to the Application). It appears that name of the proprietor is shown as Yusuf Ahmad Hashmi Vakil. The applicant is not shown as proprietor of the shop. The learned A.P.P. submits that the complainant is present in person and has instructed that name of the applicant is shown as proprietor, while lodging of the FIR, on basis of oral information given by the servant who was present at the shop. There is no other tangible material to infer that the present applicant is really the proprietor or de-facto operator of the business of the shop called Suyog Trading Company. It is alleged that loan was obtained in the name of M/s. Suyog Trading Company by its proprietor, without furnishing proper security. There is no material collected during investigation to infer that the applicant submitted any application for seeking the loan from (3) CRI. APLN. 4426.2010 the co-operative bank namely, Hina Shahin Urban Co- operative Bank Ltd., Beed. Under the circumstances, arrest of the applicant is likely to humiliate him. 5. In the result, the Application is allowed. In the event of arrest, the applicant be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand). Sd/- [V. R. KINGAONKAR, J.] arp