Cri. Apln. Nos. 2012 & 1932/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2012 OF 2011 1. Madhusudan s/o. Laxminiwas Kabra, Age 51 yrs., Occu. Business, R/o. C/o. Advance Plastics Gat No. 123, At Post Paldhi, Tq. Dharangaon, Dist. Jalgaon & Anr. ....Applicants. Versus 1. The State of Maharashtra & Ors. ....Respondents. Mr. V.D. Hon, Advocate for applicant. Mr. N.H. Borade, APP for respondents. AND CRIMINAL APPLICATION NO. 1932 OF 2011 Sarvajit Cheniram Sharma, Age 53 yrs., Occu. Business, R/o. Ayoddhaya Nagar, Jalgaon, Tq. & Dist. Jalgaon. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. R.P. Bhumkar h/f. Mr. P.S. Pawar, Advocate for applicant. Mr. N.H. Borade, APP for State. CORAM : T. V. NALAWADE, J. DATED : 6th June, 2011. PER COURT : 1. Both applications are filed under section 438 of Criminal Procedure Code in Cr. No. 98/2011 registered with Jalgaon City Police Station. The crime is registered punishable under sections 420, 467, 468, Cri. Apln. Nos. 2012 & 1932/2011 2 471, 406, 409, 201, 120-B and 34 of Indian Penal Code. 2. APP has produced the papers of investigation and both the sides are heard. The Advocate Mr. Hon for applicant Madhusudan, who is applicant No. 1 in Criminal Application No. 2012/2011, submitted that he is not pressing the application in respect of Madhusudan. So his application is disposed of as not pressed. 3. The application in respect of applicant No. 2 in Criminal Application No. 2012/2011 was argued and it was submitted that on the basis of parity, anticipatory bail may be granted to her. Copy of the order passed by this Court in Criminal Application Nos. 4954, 4950, 4449, 4448, 4411, 4382 of 2010 dated 3rd December 2010 is produced. The application No. 4411/2010 was filed by Shrikant Maniyar, who is said to be the founder and Chairman of the bank in respect of which the offence has been committed. This Court has granted the relief, subject to condition that applicants to deposit the entire amount shown to be outstanding against them in FIR. Copy of order dated 22nd December 2010 is also filed on record. This order shows that Sarvajit the applicant in Criminal Application No. 1932/2011 was given time of two weeks to deposit Rs. 15 lacs which was outstanding against him. In the event of not complying with the condition, he was not to get the relief. This circumstance was not pointed out by the advocate for Sarvajit. Thus, Cri. Apln. Nos. 2012 & 1932/2011 3 infact this is the second application for anticipatory bail by Sarvajit and it needs to be mentioned that his previous application was rejected. As the second anticipatory bail application before the same Court is not tenable, on this single ground, the application of Sarvajit bearing Criminal Application No. 1932/2011 is rejected. 4. On the ground of parity, the relief can be granted to the applicant No. 2 Sau. Basanti in Criminal Application No. 2012/2011. The FIR shows that the outstanding amount against this lady is Rs. 91,117/-. This amount was taken as a loan for Accurate Poly Company which was under the control of this lady and her husband. The advocate for this applicant is ready to deposit the amount as shown against her name. So on the ground of parity, anticipatory bail can be granted to applicant No. 2 Sou. Basanti w/o. Madhusudan Kabra. It appears that anticipatory bail is granted to main accused who is founder and Chairman of this Bank and allegations are there that by joining hands with the managing committee, the amounts were withdrawn and a definite modus oprendi was used in respect of the loan transaction. In view of this circumstance, anticipatory bail is granted to Sou. Basanti. Hence, the following order. (1) Application of Sou. Basanti w/o. Madhusudan Kabra in respect of anticipatory bail is granted. (2) In case of her arrest in Cr. No. 98/2010 of City Police Station Jalgaon Sou. Basanti w/o. Madhusudan Kabra be released on bail on Cri. Apln. Nos. 2012 & 1932/2011 4 furnishing PR & SB of Rs. 15,000/- (Rupees fifteen thousand). The amount shown against her name in FIR is to be deposited on or before 8.6.2011. If the amount is not deposited on or before 8.6.2011, it shall be treated that the application in respect of this applicant is also rejected. The amount is to be deposited with the Bank and a copy of its receipt is to be produced in this proceedings. The applicant shall not tamper with the prosecution witnesses and shall not commit similar offence. (3) Authenticated copy of this order be supplied to the concerned parties. [ T. V. NALAWADE, J.] ssc/criapln2012.11