1 ABA-782-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 782 OF 2011 Shri Rajendra Mugutrao Kakade ... Applicant vs. The State of Maharashtra ... Respondent Mr. Shirish Gupte, Senior Counsel i/.b. Jitendra Pathade,Advocate, for the applicant. Mrs. G.P.Mulekar, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th September, 2011. P.C. 1. The applicant seeks anticipatory bail in Crime No.110/11 registered with Vadgaon-Nimbalkar Police Station, Taluka Baramati, District Pune, for the offences punishable under Sections 403, 405, 408,420,465, 467, 468, 471 and 477-A read with Sec. 120B of IPC. 2. According to the prosecution, the applicant was a member of the Managing Committee of Shri Someshwar Vividh KaryakariSeva Sahakari Maryadit, Nimbut (for short, “the Society”). The Society used to process the 2 ABA-782-11.odt applications of farmers, who were the members of the Society and after processing the same, would recommend to Pune District Central Co-operative Bank for crop loan. It is contended that the applicant recommended loans in the name of several persons including members of his own family. During the period 2007 to 2011, 105 members were found to be defaulters and amount of more than Rs.46 crore was found to be due from them. It is contended that number of documents, which were filed with loan applications, were bogus or forged. The non-existent properties were shown to be in possession of the loan-applicants. The applications were also filed in the names of persons who were not in existence or dead. Therefore, on the report lodged by the Special Auditor, Co-operative Department, the offence came to be registered against a large number of persons. 3. According to the applicant, a large number of similarly situated accused have been granted anticipatory bail. His own sons and three lady members of his family are also granted anticipatory bail by this Court subject to depositing the dues from them. The learned Counsel for the applicant contends that the applicant be also granted anticipatory bail on same terms and conditions. He is willing to deposit the amount, which is due from him. According to him, the applicant and his other family members have executed a registered mortgage deed in respect of large property of the family and thereby the loans taken are 3 ABA-782-11.odt fully secured. 4. It is fact that due to execution of the mortgage deed to secure the loans and the undertakings given by the family members of the applicant, they were granted anticipatory bail by this Court. However, the case against the applicant stands on a different footing. If the applicant would have merely taken loan and would have defaulted and would be willing to repay the loan within specified period, there would be no any difficulty in granting anticipatory bail particularly when loan taken by him is fully secured by execution of the mortgage deed. However, as far as the present applicant is concerned, according to the prosecution, he had himself created false documents particularly the Record of Rights not only about himself and his family members but also in respect of the other loan-applicants and in the names of persons who were already dead and had collected the money of loan in the names of those persons . Several instances of this type are given wherein huge amounts were sanctioned in he names of dead persons and the money was actually received by the present applicant and one Bhavani Kolekar, who is said to be personal assistant of the applicant. In the police report, names of 10 such borrowers are shown in respect of whom bogus documents were produced and it is contended that those bogus documents were prepared and forged by the present applicant. The allegations against the present 4 ABA-782-11.odt applicant are very serious and therefore, in my opinion, it is not a fit case to grant anticipatory bail to him. 5. Therefore, the application stands rejected. 6. Request to give protection for some time refused. (J.H.BHATIA,J.)