1 Criapln4041/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4041 OF 2011 1. Gorakashnath s/o Vishwanath Shinde 2. Madhav s/o Genuji Kadam Applicants 3. Eknath Sarjerao Karpe 4. Kondaji s/o Baburao Khond V E R S U S The State of Maharashtra & Anr. Respondents Shri R.N. Dhorde, Advocate, holding for Shri P.S. Dighe, 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. M – 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 of the Indian Penal Code. 2. One person by name Ramkrishna Kolhe had borrowed money from Padegaon Vividh Karyakari Society, village Padegaon, District Ahmednagar (hereinafter, 2 Criapln4041/2011 referred as “Padegaon Society” to purchase a tractor. That loan was sanctioned by the Ahmednagar District Central Co-operative Bank through the aforesaid Padegaon Society. In October, 2000, Mr. Nandu Shinde agreed to purchase the said tractor. The said tractor was put in possession of Mr. Nandu Shinde. Said Mr. Nandu Shinde agreed to purchase the said tractor subject to payment of loan and the documents were executed to see that the loan is transferred from the name of Mr. Ramkrishna Kolhe in the name of Mr. Nandu Shinde, that is to say, after the passing of the resolution, said Mr. Nandu Shinde was liable to pay the said loan. The resolution to transfer the loan from Mr. Ramkrishna Kolhe to Mr. Nandu Shinde was proposed by Mr. Madhav, applicant NO. 2 and seconded by Eknath, applicant NO. 3. 3. On or about 20th July, 2007, Mr. Nandu Shinde sold the tractor to an outsider and repaid the bank a sum of Rs.2,15,000/- so as to clear off the loan transaction. It is noticed that in the year 2008, a Scheme was put into operation as per the directions of 3 Criapln4041/2011 the Central Government for giving loan subsidy. Said Mr. Nandu Shinde applied to the Ahmednagar District Central Co-operative Bank and made a grievance that Padegaon Society is not honouring the said Scheme so far as his case is concerned. 4. When his request was rejected, Mr. Nandu Shinde 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 of the Indian Penal Code. The learned Judicial Magistrate, First Class, Kopargaon issued orders under Section 156 (3) of the Criminal Procedure Code. Pursuant to that, the investigation was taken up as per the provisions of law. 5. Having heard the learned Advocates of both sides, it is apparent that said Mr. Nandu Shinde had the benefit of the said tractor for about seven years and it is only when the said Ahmednagar District Central Co- 4 Criapln4041/2011 operative Bank declined to give him benefit of the Scheme published in the year 2008, he thought of instituting the aforesaid complaint. According to the learned A.P.P., documentation in respect of the transfer of loan was forged and fabricated and that is how the offences are committed. The learned Advocate Mr. V.B. Jadhav also supported the stand of the learned A.P.P. and submitted that in order to understand the crux of the matter and for facilitating further investigation, custodial interrogation of the present applicants is necessary. Learned A.P.P. had submitted that the relevant documents concerning transfer of loan are not available in the office of the Padegaon Society, and according to him, the same must have been taken away by the present applicants. 6. After having heard the learned Advocates on both sides, I am inclined to grant anticipatory bail to the present applicants for the following reasons. 7. It is not in dispute that Mr. Nandu Shinde had 5 Criapln4041/2011 benefit of the loan. He has also repaid the said loan amount. If this be so, it can be hardly lie in his mouth that there have been any irregularities in the matter of transfer of loan. Considering the peculiar fact that the complaint is being lodged after a period of eleven years, it would be difficult to accept that Mr. Nandu Shinde did not have adequate knowledge about what transpired in the matter of loan as well as transfer of loan in his favour. In the peculiar facts and circumstances of the case, there is no difficulty in granting anticipatory bail to the present applicants. 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. M – 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 Criapln4041/2011 B. Each of the applicant shall report to the concerned police station firstly on 5th December, 2011 and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/2/12/11