1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3515 OF 2009 Jayesh Vishnu Bhilare ........ Applicant versus The State of Maharashtra ........Respondent. Mr. P.R. Yadav adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 27th August, 2009. P. C.: 1. The present applicant has been arrested in C.R. No. 198/09 on 12-7-2009 for offence under sections 419, 420, 465, 467, 468, 471 read with 34 of IPC . This is an application under section 439 of Cr. P. C. moved by the applicant for his release on bail. On a complaint filed by the Assistant Manager of HSBC bank FIR has been registered. According to the FIR in December 2007 one person had made an application for personal loan showing himself to be Akash Vilas Mhatre. The agency engaged by the bank had cleared the loan and thus an amount of Rs. 5,74,819/- was sanctioned. With a view to substantiate the claim for obtaining loan, the said person who represented himself as Akash Vilas Mhatre had submitted, statement of account of Central Bank 2 of Commerce, State Bank of Patiala, the salary slip of Bharat Petrolleum Corporation Ltd. Pan card, and other documents on the basis of which the loan was sanctioned. When regular repayment of installment was not received by the bank, bank lodged a complaint. It was revealed that the person who represented himself as Akash Vilas Mhatre is infact Pramod Vilas Waghmare who is one of the co-accused. It was also revealed that all the documents submitted by him were forged and false and the said documents were prepared by the present applicant who is one of the co-accused. During the investigation it transpired that the present applicant had also prepared false and forged documents for one more person by name Sachin Shantaram Jadhav. The said person is also a co-accused and has been arrested along with the present applicant. The bank had sanctioned a loan of Rs. 7,30,000/- to the said Jadhav. According to the prosecution, all the accused had conspired and had shared the money, illegally obtained from the bank by way of loan. According to the learned APP the investigation is yet not over. Having regard to the modus operandi adopted by the present applicant and other co-accused a thorough investigation is needed and thus application is opposed. It is submitted that the C.D. and computer has been recovered from the present applicant’s house. Having regard to the totality of the facts and circumstances in my view as the investigation is still in progress, and the charge sheet has not been filed this is not a fit case for release of the accused on bail. Application is thus dismissed. Needless to mention that these observations would not 3 weigh the Sessions Judge when the court would consider the fresh application for bail after filing of the charge sheet. (A. P. Deshpande, J.)