{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.220 OF 2010 Ambadas Tukaram Bramhne Age-67 years, Occ-Nil R/o House No.3969, Dattawadi, Chalisgaon, Dist-Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicant Mr.B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 11th February 2010 PER COURT: 1. By this application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.254/2008 registered with Chalisgaon police station for an offence punishable u/s 406, 408, 409, 420, 465, 468, 471, 210 (B) r/w 34 of the Indian Penal Code. It is informed that in this case, after completion of the investigation, charge sheet has been filed on 30.11.2009 2. Heard learned counsel for the applicant and learned APP. {2} 3. Admittedly, loan is obtained by the present applicant to the tune of Rs.15,11,126/- and the same is remained unpaid till today. It appears that before filing of the complaint, an application was addressed by Mr.Ajit Ghate to the President, Chalisgaon Peoples Cooperative Bank, Ltd., Chalisgaon on 06.07.2005 thereby mentioning names of 11 persons / institutions and undertaking that the loans sanctioned and disbursed in their names is actually enjoyed by him and in addition to that he has also obtained loan from the said bank by four different transactions. Total amount of loan, of which liability is undertaken by said Ghate, is to the tune of Rs.2 crores. It appears that out of the said amount of Rs.2 crores, only an amount of Rs.35 lacs is repaid by said Ghate. Said Ghate had given an undertaking that he would repay the entire amount till September 2005. It appears that till this date the remaining amount is not repaid by said Ghate. 4. It is contended on behalf of the applicant that he has accepted the fact that he has obtained the said loan, however, the actual beneficiary is his employer i.e. said Ghate and the applicant has not utilized any amount from the said loan. Therefore, it is urged that as the said Ghate has undertaken the liability to repay the entire loan, the applicant be released on anticipatory bail. 5. During the course of submissions learned APP has shown a chart indicating dues against the present applicant. This chart is dated 11.09.2009. It shows that amount due till {3} 30.11.2009 against the applicant is to the tune of Rs.20,48,799/-. However, as thereafter the applicant has not paid a single farthing, the amount of loan has increased due to application of interest and now the loan standing in the name of the applicant is Rs. 21,83,678/- which is to be payable by the applicant, though the liability is accepted by said Ghate. 6. An undertaking is given on behalf of the applicant that he would clear the entire dues of the bank standing against him within a period of four weeks from today. In view of this the application deserves to be disposed of with the following directions. 7. In the result, the application for anticipatory bail is allowed. In the event of arrest of the applicant in connection with CR No.254/2008 registered with Chalisgaon Police Station, he be released on bail on his furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount, subject to condition that the applicant clears all the dues of the bank within a period of 4 weeks. If the applicant does not repay the entire dues of the applicant bank within a period of 4 weeks from today, the bail granted today would automatically stand canceled. [A.V.POTDAR, J.] drp/A10/criapln220-10