MP 1 ABA814_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 814 OF 2011 1. Shri Sunil Singla 2. Shri Murli Singla ... Applicants Versus State of Maharashtra ... Respondent Mr. Majeed Memon, Advocate i/b. M/s. Majeed Memon & Asso. for Applicants. Mr. Mandar Goswami, Advocate for the Respondent - CBI. Smt. G. P. Mulekar, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 5TH OCTOBER 2011 P. C. : The applicants seek to be released on bail in R.C. No. 3/E/2011 registered with C.B.I. (Economic Offences Wing), Mumbai for the offences punishable under the provisions of Prevention of Corruption Act, 1988 as also under Section 120-B of the Indian Penal Code. 2. Prosecution case in brief is that one Venkoba Gujjal, Deputy General Manager of Punjab National Bank had sanctioned several loans in favour of different parties after accepting bribe. It is contended that a proposal of loan was moved by applicant No.1 Sunil Singla, Director of M/s. Portfolio Financial Services Private Limited, and that the applicant No.2 Murli Singla, another Director of the same company, had assured payments of some bribe, and therefore, the police wants to arrest them. 3. It may be noted that earlier these applicants had filed Anticipatory Bail Application No. 713 of 2011, which was disposed of on 29.08.2011, after a statement was made by the learned Counsel for the C.B.I. that they would not insist for arrest of the applicants for the time being if the applicants make themselves available for interrogation and for search of their premises. Admittedly, the applicants appeared before the concerned Investigating Officer MP 2 ABA814_11 from 01.09.2011 to 08.09.2011 as per the directions of this Court, and during that period, they were interrogated, their premises also were searched and certain cash and gold coins were recovered. Now, the C.B.I. wants to arrest them again. It is to be noted that Anticipatory Bail Application No. 481 of 2011 filed by one Dipesh Sheth was also disposed of on 29.08.2011 by this Court as a statement was made on behalf of C.B.I. that the C.B.I. had no intention to arrest him. It may be also noted that after such statement was made in respect of Dipesh Sheth, this Court had asked the prosecution as to what could be the grounds for arrest of the present applicants when they do not want to arrest Dipesh Sheth against whom much more serious allegations are made. However, C.B.I. could not satisfactorily explain the same, and therefore, C.B.I. made a statement that if the applicants would be available for interrogation, C.B.I. would not insist for their arrest. 4. From the F.I.R., Dipesh Sheth appears to be the main agent of the accused Venkoba Gujjal in contacting parties and collecting the bribes for him. However, C.B.I. has no intention to arrest that person even now. The only allegation, against the present applicants, is that there was a proposal from applicant No. 1 Sunil Singal for loan and applicant No.2 Murli Singal had assured payment of some bribe. 5. Taking into consideration the circumstances and the stand taken by C.B.I. in respect of the present applicants, and in respect of Dipesh Sheth, I find it to be a fit case to grant anticipatory bail to the applicants. 6. Therefore, in the event of arrest in R.C. No. 3/E/2011, the applicants shall be released on their executing P.R. of Rs. 25,000/- each with one or two sureties in the like amount with a condition that they shall make themselves available to the C.B.I. for interrogation as and when required. (J. H. BHATIA, J)