cra2490.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2490 OF 2011 1) Prasanna Arvind Vyavahare, Age-33 years, Occu:Service, R/o-C/o-ICICI Bank Ltd., 6th Floor, Vishnu Vaibhav Complex, Palm Road, Civil Line, Nagpur, 2) Shyam Prakash Singh s/o Lalbahadur Singh, Age-34 years, Occu:Service, R/o-C/o-ICICI Bank Ltd., Ist Floor, Hotel Venkatesha, Ausa Road, Latur, 3) Prafulla Manohar Pagey, Age-40 years, Occu:Service, R/o-C/o-ICICI Bank Ltd., 870/1, Suma House, Bhandarkar Road, Deccan, Pune. ...APPLICANTS. VERSUS 1) The State of Maharashtra, 2) Dr. Vinodkumar Gurunath Indure, Age-35 years, Occu:Scientist, R/o-Yamuna Society, Old Ausa Road, Latur, At present: R/o- Sign Signature, Flat No.12, Laxminarayan, Near Mayurinagar, Miyapur, Hyderabad (A.P.). ...RESPONDENT. cra2490.11 2 ... Shri.U.N. Shete Advocate for Applicants. Shri.S.G.Nandedkar, A.P.P. for Respondent No.1. Shri.N.S.Ghanekar Advocate for Respondent No.2. ... WITH CRIMINAL APPLICATION NO.2700 OF 2011 1) Gurunath s/o Vishwanath Indure, Age-65 years, Occu:Retired, 2) Manojkumar s/o Gurunath Indure, Age-34 years, Occu:Business, Both R/o-Yamuna Society, Old Ausa Road, Latur. ...APPLICANTS. VERSUS 1) The State of Maharashtra, Through Police Station, Shivaji Nagar, Latur, 2) The Superintendent of Police, Latur, Dist-Latur. ...RESPONDENTS. ... Shri.B.N. Patil Advocate for Applicants. Shri.G.R. Ingole, A.P.P. for Respondents. Shri.N.S. Ghanekar Advocate for complainant. ... CORAM: T.V. NALAWADE, J. DATE : 5TH AUGUST, 2011 cra2490.11 3 PER COURT : 1. Both the Applications are filed for anticipatory bail in C.R. No.57 of 2011 registered in Shivajinagar Police Station, Dist-Latur, for the offences punishable under Sections 420, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The complainant is a son of Applicant No.1 from the proceeding of Criminal Application No.2700 of 2011 and Applicant No.2 of this proceeding is real brother of the complainant. Applicants from the proceeding of Criminal Application No.2490 of 2011 are working in ICICI Bank, Latur branch. 3. Allegations are made in the complaint that complainant had taken loan on his house property from ICICI Bank in the year 2006 and only cra2490.11 4 the persons like complainant and his wife had signed on the documents as co-borrowers. The complainant has contended that when xerox copies of papers were supplied to him in the year 2007, he realized that his father and real brother were shown as co-borrowers in the loan documents. He has contended that only to show that the father and brother have some interest in the property, such false record was created by father and brother in collusion with the Bank Officers, Applicants from the proceeding of Criminal Application No.2490 of 2011. The complaint came to be filed on 7th March, 2011. 4. The Advocate of the father and brother submitted that they are not disputing the title of the complainant in respect of the house property. During arguments, a copy of public notice issued by brother came to be shown. In the notice published on 4th March, 2011, the brother, the Applicant No.2 from the proceeding of Criminal cra2490.11 5 Application No.2700 of 2011, has admitted the title of the complainant though he has contended that the complainant has agreed orally to sale the property to him. This notice was replied by the complainant and then the report came to be given to the Police Station. In the Court also, it was specifically submitted for both, father and brother of the complainant that they admit the title of the complainant in respect of the house property. There is record to show that the complainant is admitting that due to permission given by him, his father and brother are occupying the house. 5. A query was made and the A.P.P. was asked to show as to how any loss or injury is caused to the complainant even if it is presumed that the names of father and brother are shown falsely as co-borrowers and the names are added subsequently. He submitted that there is injury at-least to the mind and even to the property. The aforesaid cra2490.11 6 record and the contentions of the parties show that no legal injury or loss is caused to anybody, including the complainant even if it is presumed that the names of father and brother were subsequently added as co-borrowers. The Bank will be benefited if in future the complainant is not in a position to repay the loan. It was submitted that since the year 2009 the complainant stopped paying the installments and so he has become defaulter. Necessary proceeding for recovery of the defaulted amount is started by the Bank, its assignee. 6. The A.P.P. submitted that at present, there are two documents described as ‘facility agreement’ and they are not consistent with each other. The Advocate of the father and brother submitted that they are admitting their signatures on the documents prepared by the Bank. In view of these circumstances and the nature of dispute, this Court holds that anticipatory bail needs to cra2490.11 7 be granted to father and brother. 7. The case of the officers of the Bank is different and it can be said that the Bank will be benefited and no injury is caused due to the so- called addition of two more borrowers in the documents. Only father and brother can have grievance against the Bank, but they are admitting that they have signed as co-borrowers even when they are not claiming any title or interest in the suit property. It was submitted that the Applicants from the proceeding of Criminal Application No.2490 of 2011 were not in-charge of the loan department and the documentation was not done by them. This case need not be considered at this stage but the circumstances are sufficient to grant anticipatory bail to them also. So, Both the Criminal Applications are allowed. 8. Interim relief granted in favour of the Applicants in Criminal Application No.2490 of 2011 cra2490.11 8 by this Court by order dated 23rd June 2011, is confirmed. 9. Interim relief granted in favour of the Applicants in Criminal Application No.2700 of 2011 by this Court by order dated 29th June 2011, is confirmed. 10. All the Applicants, i.e. Applicants from the proceeding of Criminal Application No.2490 of 2011 and the Applicants from the proceeding of Criminal Application No.2700 of 2011, are to appear before the Investigating Officer as and when required and they are to give specimen of their handwriting and signature, if required by the Investigating Officer. [T.V. NALAWADE, J.] asb/AUG11