1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 179 OF 2009 Shri Annasaheb Ramchandra Hawale ....Applicant. V/s The State of Maharashtra .... Respondent. ----- Mr. G.M. Savagave for the applicant. Mrs. M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. DATE : 19th January, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP for the State. 2. This is an application for anticipatory bail. Applicant apprehends his arrest in connection with C.R. No. 97 of 2008 registered at Jaysingpur Police Station for the offence punishable under sections 406 and 420 read with section 34 of the Indian Penal Code. The applicant, at the relevant time, was the Manager of the Bank. The Auditor has filed a complaint in which he has alleged that the Board of Directors had sanctioned loans in favour of their relatives and friends without verifying their repayment capacity and without following proper procedure which is prescribed for sanctioning loans. 2 3. It is the case of applicant that, being a Manager of the Bank, he was duty bound to follow the directions given by the Directors of the Society. It is submitted that all the Directors have been granted anticipatory bail by my brother D.B. Bhosale, J. by an order dated 20/11/2008 in Criminal Application No.3761 of 2008. It is submitted that, therefore, on the ground of parity, the applicant is also entitled to get anticipatory bail. 4. I have perused the order dated 20/11/2008 passed by my brother D.B. Bhosale, J. The affidavit of Directors has been taken on record in which they have given particulars of their immovable properties and Fixed Deposits and they have further undertaken that they shall not create any third party rights in respect of the properties owned by them. In view of this undertaking which is given by the Directors, the amount disbursed by the Board of Directors is now fully secured. Therefore, in my view, the applicant, who was the Manager of the Society at that time, is entitled to get an order of anticipatory bail. 5. In the event of the arrest of the applicant in connection with C.R. No.97 of 2008 which is registered at Jaysingpur Police Station, Taluka Shirol, District Kolhapur for the offence punishable under sections 406, 420 read with section 34 of the Indian Penal Code, he shall be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to Jaysingpur Police Station for a period 3 of 5 days from 27/01/2009. Thereafter, applicant shall report to the said Police Station as and when called. 6. Application is disposed of. (V.M. KANADE, J.)