ab-applin-2665-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2665/2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr A.P. Mundargi, Sr. Advocate i/by Niranjan Mundagi, for the applicant. Mr K.V.Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, JJ. DATE :- 7TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time in this anticipatory bail application. 2. Allegations against the present applicant are that he stood a guarantor for the vehicle loan, asked and obtained by some other persons, from the Nagar Co-operative Bank, Pune. According to the police, a conspiracy has been hatched by total ten accused persons, including the present applicant to defraud the Bank by producing the fabricated documents and obtaining loan and utilizing the same for some other purpose. Allegedly, documents produced as guarantor for the said loan were produced by the applicant. Income-tax papers/returns ab-applin-2665-10 were submitted having endorsement of one Chartered Accountant. However, during the investigation it was revealed from the statement of the said Chartered Accountant that he had never dealt with any of the accounting work or filing of the returns for the present applicant or any of the accused persons. This is the main allegation against the present applicant, alleged guarantor to the loan which is totally Rs.51 lakhs, as to fabrication of false documents and for which the interrogation of the accused is needed according to the police. 3. Learned counsel for the applicant submitted that in fact no such guarantee was given by the applicant and even the photograph shown on the application for guarantee is a scanned one and not original. Moreover, the signature on the application does not tally with the authentic signature which was on the bank record of the Bank, which had advanced the loan. It is further submitted that he had not produced any such guarantee application much less the documents for income-tax returns and as such is nothing to do with the matter. 4. On asking by the Court it is submitted on behalf of the applicant that though knowing his alleged involvement in the offence as to fabrication of documents, the applicant had not independently lodged any complaint with police authorities, however had given his statement to the police in the present matter. 5. Considering the above circumstances and considering the alleged involvement of the applicant as allegedly stood guarantor for the total loan of Rs.51 lakhs and considering the statement of the Chartered ab-applin-2665-10 Accountant, prima facie showing that he had not dealt with any accounting work of the applicant and has disowned the authorship of the income-tax documents, which were produced along with the guarantee application, it would be in the fitness of the situation to reject the present anticipatory application. Hence, the following order. ORDER: Criminal Application No.2665/2010 stands rejected. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)