1 Criapln3892/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3892 OF 2011 1. Ramkrishna Raibhan Kolhe 2. Berbitai Ramkrishna Kolhe Applicants 3. Vithabai Ramkrishna Kolhe 4. Subhash Ramkrishna Kolhe V E R S U S The State of Maharashtra & Anr. Respondents Shri S.S. Chapalgaonkar, Advocate for the applicants Shri B.V. Wagh, APP for the respondents / State Shri V.B. Jadhav, holding for Shri V.D. Hon, Advocate, Assist to A.P.P. CORAM : R.Y. GANOO, J. DATED : 2nd December, 2011 PER COURT : 1. The applicants apprehend arrest in CR No.11 of 2011, registered with Kopargaon Police station, District Ahmednagar, under Sections 406, 409, 420, 422, 423, 465, 467, 468, 471 read with Sections 34 and under Section 120 of the Indian Penal Code. 2. Applicant Nos. 1 to 4 are members of Padegaon 2 Criapln3892/2011 Vividh Karyakari Society, village Padegaon, District Ahmednagar (hereinafter, referred as “Padegaon Society”). Applicant No. 1 purchased a tractor by borrowing monies from the aforesaid Padegaon Society. The loan was sanctioned by the Ahmednagar District Central Co-operative Bank through the aforesaid Padegaon Society. Applicant No. 1 dealt with the said tractor and sold it to Mr. Nandu Shinde in October, 2000. Said Mr. Nandu Shinde agreed to take over the loan liability and the tractor was sold subject to loan, which was borrowed by applicant No. 1. The resolutions were passed in the books of said Padegaon Society to transfer the loan from applicant No. 1 to Mr. Nandu Shinde. Mr. Nandu Shinde had the benefit of the said tractor. He enjoyed the possession of the same upto 2007 and in July, 2007, he sold the said tractor and he repaid sum of Rs.2,15,000/- so as to clear off the loan liability he had taken over from applicant No.1. A Scheme was published by the Government of India in the year 2008 so as to grant 100% loan subsidy. Said Mr. Nandu Shinde wanted to take the benefit of the said Scheme, and 3 Criapln3892/2011 therefore, he applied to the concerned authorities, but his request was declined. Thereafter, he filed a private complaint in the Court of learned Judicial Magistrate, First Class, Kopargaon alleging therein that the present applicants and others have committed offences punishable under Sections 406, 409, 420, 422, 423, 465, 467, 468, 471 read with Sections 34 and under Section 120 of the Indian Penal Code. According to him, bogus records were created in regard to transfer of loan in his favour. 3. I have heard learned Advocates of both sides. The learned Advocate Mr. V.B. Jadhav supported the arguments of learned A.P.P. 4. According to the learned Advocate for the applicants, applicant No. 1 is innocent in as much as that he had sold the tractor subject to loan and the loan was transferred in favour of Mr. Nandu Shinde, who has voluntarily repaid the same to the said Society. He further submitted that applicant Nos. 2 to 4 are members 4 Criapln3892/2011 of the Padegaon Society and have not played any role in the matter of grant of loan and transfer of loan from applicant No. 1 to Mr. Nandu Shinde. 5. Learned A.P.P. opposed the above submissions on the ground that the documents concerning the transfer of loan are bogus, and therefore, the custodial interrogation of the applicants is required. 6. Looking to the peculiar facts and circumstances of the case, it is just difficult to accept that said Mr. Nandu Shinde did not have knowledge about the transfer of loan. He had the benefit of the tractor. He has voluntarily repaid the said loan. Hence, it may not be open to him to say that the documentation regarding transfer of loan is forged. Even if the word of Mr. Nandu Shinde is accepted for a moment as of today, according to me, the custodial interrogation of applicant No. 1 is not necessary. He can be granted anticipatory bail. 5 Criapln3892/2011 7. Applicant Nos. 2 to 4 are mere members of the Padegaon Society. It is apparent on the basis of record that they have not played any role in the whole matter. Learned A.P.P. submitted that applicant Nos. 2 to 4 are relatives of applicant No. 1, and therefore, they are aware of the entire transaction. Looking to the submissions advanced across the bar, applicant Nos. 2 to 4 deserve anticipatory bail as their custodial interrogation is not required even if the case of prosecution is accepted as it is. Hence, following order is passed to dispose of the present application : O R D E R A. In the event of arrest of any of the applicant in CR No. 11 of 2011, registered with Kopargaon Police station, District Ahmednagar, said applicant be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall furnish P.R. Bond of Rs. 15,000/- (Rupees Fifteen Thousand). 6 Criapln3892/2011 B. Each of the applicant shall report to the concerned police station firstly on 4th December, 2011 and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/2/12/11