1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2058 OF 2009 Rajesh Kaluram Rungta .. Applicant. Vs. State of Maharashtra ..Respondents. Mr. A.P.Mundargi i/b Shounak Mehta for the applicant. Mr. M.K.Kocharekar for the original complainant. Mr. K.V.Saste A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 9th June, 2009 P.C. 1. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R. No.I-152 of 2006 of Panchvati police station, Nashik. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 403, 406, 408, 409, 418, 420, 468, 471, 120(B), r/w 34 of I.P.C. 3. On last occasion (4.5.2009) while issuing notice to the added respondent i.e. Shriram Sahakari Co-operative Bank Ltd. the following observations were made: “2. The applicant is a borrower. He borrowed about fifty-nine lacs rupees from the Bank and mortgaged his immovable property which, according to Mr.Mundargi, is worth Rs.Sixty- five lacs. He submits that the applicant and his relatives have also informed in writing to the Bank to adjust the fixed deposits, which they are having with the Bank, towards the amount borrowed by the applicant. In view of the submissions of Mr.Mundargi and in order to see how much amount has been recovered so far and to see whether the remaining amount is sufficiently secured, notice to the Bank would be necessary. The applicant is, therefore, directed to add Shriram Sahakari Co-operative Bank Ltd., Nashik as a party respondent in the application on or before 8.5.2009. ” 4. Today Mr.Kocharekar, learned counsel appearing for the bank submits that the statement of Mr.Mundargi, recorded in the aforesaid order, are correct and the principal amount stands fully secured by the immovable property mortgaged with the bank. Insofar as the principal amount is concerned, it is true that as of today substantial amount is outstanding but in view of the statement made by the learned counsel for the bank I am inclined to grant this application for anticipatory bail. Hence the following order: In the event of arrest, the applicant be enlarged on bail in the sum of Rs.50,000/- with one or two sureties to make up the said amount, subject to conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station on every alternate Saturday between 10 am and 12 noon for a period of 90 days or till filing of the chargesheet, which is earlier. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. The application is disposed of. (D.B. BHOSALE, J.)