IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 139 OF 2009 CRIMINAL APPLICATION NO. 139 OF 2009 CRIMINAL APPLICATION NO. 139 OF 2009 Bharat Bhushan Chopra ...Applicant vs. The State of Maharashtra ...Respondent Mr.Sachin B. Shetye for the Applicant Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 20, 2009 DATED : JANUARY 20, 2009 DATED : JANUARY 20, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant apprehends arrest in connection with an offence which is registered by Panchavati Police Station, Nashik, and now transferred to CID in which allegation is made that the applicant had taken a loan from the bank and he had committed default in payment of the said loan and a notice had been issued by the Liquidator of the bank to the applicant. It is alleged that therefore, the applicant had committed an offence punishable under Sections 406, 420 of the IPC. 3. It is submitted by the learned Counsel appearing - 2 - on behalf of the applicant that after demand notice was issued by the Liquidator, the applicant had repaid the loan. He has annexed copy of the bank draft issued in favour of the Liquidator. 4. In any event, prima facie, in my view, mere default in repayment of loan would not by itself constitute an offence punishable under Sections 406, 420 of the IPC. Therefore, prima facie case is made out by the applicant for grant of anticipatory bail. 5. In the event of the applicant being arrested in connection with C.R.No.152/2006 and 47/2008 registered at Panchavati Police Station, Nashik, under Sections 403, 406, 408, 409, 418, 420, 468, 471, 120B of the IPC, the applicant shall be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Panchavati Police Station, Nashik, as and when called. 6. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)