{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4171 OF 2009 Prakash s/o Kishanrao Waghmare Age-52 years, Occ-Service R/o Gawali Nagar, Nanded Road Latur APPLICANT VERSUS The State of Maharashtra Through Gandhi Chowk Police Station, Latur RESPONDENT ....... Mr.S.R.Urgunde, Advocate for applicant Mr.N.B.Patil, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 7th December 2009 PER COURT: 1. By the present application, the applicant has prayed for his release on anticipatory bail in the event of his arrest in connection with CR No.225/2009 registered with Gandhi Chowk Police Station for an offence punishable u/s 406, 409, 420, 467, 468 and 471 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the {2} submissions of learned APP. Also perused the papers of investigation carried out till today. 3. It is alleged in the complaint that the present applicant has obtained loan of Rs.5 lacs for the purpose of house repairs, however, the statement of account of the loan account of the applicant clearly indicates that the loan of Rs.3 lacs was obtained by the present applicant. It is alleged that the loan was not utilized for the purpose, for which it was sanctioned and disbursed. It is also alleged that the property which was mortgaged as security for the said loan was already hypothecated with other banks. 4. It appears that a report is submitted by Police Inspector, Gandhi Chowk Police Station, Latur, indicating that the said property, which is mortgaged by the applicant with the complainant bank, is not hypothicated by the applicant to other banks, however the applicant has stood as a guarantor for loan of some other borrower and it was undertaken that in case the principal borrower fails to repay the loan, then the property can be taken against that loan. In the premise, the statement / allegation against the present applicant appears to be without basis. In the premise, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicant on anticipatory bail. 5. In the result, the application is allowed. In the event of {3} arrest of the applicant in connection with CR No.225/2009 registered with Gandhi Chowk Police station, the applicant be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. This protection is granted for a period of 6 weeks, within which time, the applicant may apply for regular bail. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4171-09