1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5805 of 2009 Amit Gautam Bhandari & Anr ... Applicants versus Senior Inspector of Police, Kopar Khairne p.stn. And Anr. ... Respondents ... Mr. Aabad H. Ponda with Mr.Faisal Sayyed, Mayur Bhojwani i/b M/s.Manilal Kher Ambalal & Co. for the applicant. Mr. S.N.Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 18th January 2010 P.C. 1. By this application, application seeks pre-arrest bail in connection with FIR No.195 of 2009 registered with Koparkhairne police station. The alleged offence is punishablee u/s.417, 419, 420, 467, 468, 471 r/w section 34 of the IPC. 2. The applicants are the Assistant Manager and Manager of ICICI Bank. One Mr.Yogesh Rathod had a NRI account with ICICI Bank. A cheque issued by him in favour of Smita Haresh Shah was stolen by some persons while in transit and was encashed by opening a bogus 2 account in the name of Smita Haresh Shah with Bank of Baroda. The cheque was presented to the ICICI Bank. The Officers verified the signature on the cheque verified that there were no alterations and verified that there were funds in the account and cheque was properly drawn. They therefore passed the cheque. On complaint of Mr.Rathod, FIR has been registered and applicants are sought to be arrested. Bogus account was not opened in the ICICI Bank but was opened in Bank of Baroda. Cheque was presented through the Bank of Baroda. Applicants in law had to honor the cheque as it was proper and there was not alterations. 3. The fault, if any, lies with the Bank of Baroda in which bogus account was opened and not with the ICICI Bank. In the circumstances, applicants are entitled to a pre-arrest bail. 4. In the event the applicants are arrested in connection with FIR No.195 of 2009, they shall be released on bail on P.R. Bond of Rs. 25,000- each with one surety or cash deposit of the equivalent amount subject to the condition that the applicant shall co-operate with the investigation and shall attend the concerned police station as and when specifically summoned by the police. 5. This order shall remain in force for 90 days where after which the applicants may apply for regular bail before the appropriate court. (D.G. KARNIK,J.)