abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3021 OF 2007 Chandan Mangilal Lunawat .. Applicant V/s The State of Maharashtra .. Respondent Mr.Shirish Gupte i/b Mr.O.A. Siddiqui for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 16TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant seeks anticipatory bail in connection with the crime registered with the Unit No.III, Economic Offences Wing, Crime Branch, CID under C.R. No.52/2006 for the offence punishable under sections 409, 420, 465, 467, 468 and 471 read with sections 34 and 120-B of the I.P.C. 3. The prosecution case in short is that an amount - 2 - of Rs.2 crores was deposited in L.C. account of M/s K.R. Enterprises with Mercantile Bank, of which the applicant is a director. It is alleged that the said deposit was made on account of receipt of a fax which was not genuine. The applicant/the company has thus received the money fraudulently and thereby committed an offence. 4. The money which was deposited in the account of the applicant/the company has since been repaid by the applicant to the bank. The applicant was granted interim protection by an order dated 14th September 2007 (Coram: V.C. Daga, J.) passed by this Court. The said protection is extended from time to time and is in force till today. 5. On the last date, the learned A.P.P. stated that some time was needed for the purpose of tracing the source of the false fax. Today, the learned A.P.P. states that despite investigation, they have not been able to trace the source of the fax. Rest of the investigation is completed. Statement of the applicant has been recorded and the applicant has cooperated with the investigation so far. 6. Mr.Gupte, learned counsel for the applicant, submits that if the presence of the applicant is - 3 - required in future at any time, he would attend the concerned police station when summoned and give all cooperation for investigation in the matter. 7. In view of the fact that the investigation has been completed, statement of the applicant has been recorded and he has been cooperating with the investigation and also coupled with the fact that there is no prima facie material on record to show that the applicant procured the false fax and the fact that the money which has been deposited in the applicant’s account has been repaid, the applicant is entitled to anticipatory bail. Hence, I pass the following order:- ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the crime bearing C.R. No.52/2006 registered with Unit No.III of Economic Offences Wing, Crime Branch, CID, he shall be released on bail on executing personal bond of Rs.1,00,000/- with two sureties of Rs.1,00,000/- each subject to the following conditions: (a) The applicant shall cooperate with the investigation and attend the concerned office of the Economic Offences Wing as and when summoned. - 4 - (b) The applicant shall not tamper with any of the documents or the prosecution evidence. (c) This order shall come to an end on the charge sheet being filed, whereupon the applicant shall be entitled to apply for regular bail before the regular court, if so advised. If such application is made, it shall be considered on its own merits without being influenced by any of the observations made in this order. . Application is disposed of. (D.G. KARNIK, J.)