1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4836 OF 2009 Atul Mathuradas Chatwani .. Applicant V/s 1. Central Bureau of Investigation, EOW, Bombay 2. State of Maharashtra .. Respondents ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.V. Marwadi with Mrs. Pravina Kanani for the applicant. Mr. A.S. Gadkari with Mr. D.N. Salvi for respondent no.1. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2010 P.C. : 1. Heard. 2. By this applicant, the applicant seeks pre- arrest bail in connection with RCA No. 9/E/2009 registered at Economic Offences 2 Wing, Mumbai. 3. The prosecution case is that the applicant borrowed money from Bank of Baroda by offering security of his property. He furnished the valuation report obtained from a valuer from the panel of the bank. In the said report, valuation of the property was inflated and thereby he obtained the loan which ordinarily would not have been granted but for the inflated valuation of the property. 4. According to the prosecution, the valuation report submitted by the applicant was forged and fabricated. The applicant used forged and fabricated valuation reports for obtaining the loan. 5. I have perused the affidavit in reply filed by Mr. Gopal Naik, Inspector of Police, C.B.I., Economic Offences Wing, Mumbai. In the affidavit, he has stated thus: 3 “That the said valuer in his explanation letter dated 9.4.2009 pointed out major discrepancies in the valuation report submitted by the Applicant and the office copy retained by the said valuer for his record and also submitted the office copies of the report submitted by him to the Bank.” It is clear that the valuer had written a letter to the bank and submitted therewith office copies of the valuation reports given by him to the applicant and also submitted to the bank copies of his report. If the valuer had submitted the copies of the reports to the bank directly then the forgery, if any, made by the applicant would have been discovered forthwith and the bank prima facie would not have relied upon the forged copies of the reports submitted by the applicant. 4 6. Learned counsel for the C.B.I. submitted that the bank officers are also involved in the fraud and deceit of the bank and therefore it is necessary to have custody of the applicant for interrogation. Names of the officers alleged to be involved in the fraud/forgery are not mentioned in the affidavit and there is nothing on record to show that they have been interrogated and what is disclosed from their interrogation. 7. In any event, the entire evidence against the applicant appears to be documentary, namely the letters and the forged report allegedly submitted by the applicant to the bank. In the circumstances, the applicant can be granted conditional bail, subject to his cooperating with the investigation. Hence, I pass the following order: ORDER In the event of the arrest of the applicant in 5 connection with RCA No.9/E/2009 registered at Economic Offences Wing, Mumbai, the applicant shall be released on bail on executing personal bond of Rs.50,000/- with two sureties of the like amount subject to the following conditions: (i) The applicant shall not interfere with the investigation and shall not threaten any of the prosecution witnesses. (ii) The applicant shall cooperate in the investigation and make himself available for interrogation as and when called for without seeking any excuse. (iii) In the event of breach of any of the above conditions, the bail granted to the applicant shall stand cancelled forthwith. (iv) This order shall remain in force for a period of 2 months, whereafter the applicant 6 would be entitled to apply for regular bail before the appropriate court. (D.G. KARNIK, J.)