1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4272 OF 2008 Shri Chandrakant Kashinath Belwate .... Applicant. V/s The State of Maharashtra ..... Respondent. ----- Mr. P.B. Shah along with Mr. V.M. Salunke for the applicant. Mr. Rajesh More, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 17th January, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 406, 467, 468, 471, 420 read with section 34 of the Indian Penal Code. 3. It is alleged that the applicant, alongwith others, posed as recovery agents and recovery officers of the Bank of 2 Maharashtra and represented to the complainant that they would sell him a property at lower price which was seized by the Bank. During the course of recovery, an amount of Rs 24 lacs was paid by the complainant. An allegation is that the forged challans of Bank of Maharashtra were given to him. It is alleged that, in a similar manner, applicant and others have also defrauded four other persons and have collected an amount of Rs 49 lacs. 4. The learned Counsel appearing on behalf of the applicant submits that this is a civil transaction and that the applicant was trying to sell the property to the complainant at a lower price. He invited my attention to the various statements made by the witnesses wherein his name has been mentioned as an estate agent. It is submitted that the applicant has paid an amount of Rs 26,92,000/- to prove his bonafides. It is submitted that charge- sheet is filed and the applicant is in jail since May, 2008 and his continued detention is not necessary. 5. It is not possible to accept the said submissions made by the learned Counsel for the applicant. The statements of witnesses clearly indicate that the applicant is involved in the offence where he has defrauded number of persons by posing as recovery agent of Bank of Maharashtra. In my view, this is not a fit case for grant of bail. Application for bail is rejected. 3 6. However, liberty is granted to the applicant to apply for bail again, if balance amount is deposited by him with the police. Trial is expedited. If the trial is not expedited within six months, liberty is granted to the applicant to apply for bail again. 7. Application is disposed of. (V.M. KANADE, J.)