1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4401 OF 2009 1. Parubai W/o.Sakharam Sajgane, Age-60 years, Occu-Agriculturist and Household, R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 2. Ram S/o.Vithalrao Shendge, Age-28 years, Occu-Agriculturist, R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 3. Abhiman S/o.Dnyanoba Ringane, Age-30 years, Occu-Agriculturist, R/o.Kherda, Tq.Majalgaon, Dist. Beed. 4. Rameshwar S/o.Prakash Hoke, Age-27 years, Occu-Agriculturist, R/o.Kherda, Tq.Majalgaon, Dist. Beed. 5. Rajesh S/o.Janardhan Shendge, Age-26 years, Occu-Agriculturist, R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 6. Pandurang @ Uddhav S/o.Dnyanoba Ringane, Age-28 years, Occu-Agriculturist R/o.Kherda, Tq.Majalgaon, Dist. Beed. 7. Bajrang S/o.Karbhani Ringane, Age-26 years, Occu-Agriculturist R/o.Kherda, Tq.Majalgaon, Dist. Beed. 2 8. Archana W/o.Shrikhand Borude, Age-30 years, Occu-Agriculturist and Household, R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 9. Ramesh S/o.Vitthalrao Shendge, Age-26 years, Occu-Agriculturist R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 10. Dadasaheb S/o.Dnyanoba Ringane, Age-25 years, Occu-Agriculturist R/o.Kherda, Tq.Majalgaon, Dist. Beed. 11. Mohan S/o.Maroti Puri, Age-40 years, Occu-Agriculturist R/o.Talkhed, Tq.Majalgaon, Dist. Beed. 12. Maroti S/o.Sujanrao Puri, Age-60 years, Occu-Agriculturist R/o.Talkhed, Tq.Majalgaon, Dist. Beed. 13. Prabhu S/o.Ganpati More, Age-65 years, Occu-Agriculturist R/o.Talkhed, Tq.Majalgaon, Dist. Beed. 14. Sakharam S/o.Tanba Kharmare, Age-35 years, Occu-Agriculturist R/o.Talkhed, Tq.Majalgaon, Dist. Beed. 15. Vijay S/o.Janardhan Shendge, Age-20 years, Occu-Agriculturist R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 3 16. Sanjay S/o.Janardhan Shendge, Age-22 years, Occu-Agriculturist R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 17. Udhav S/o.Dagdu More, Age-50 years, Occu-Agriculturist R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 18. Sharad S/o.Udhav More, Age-26 years, Occu-Agriculturist R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 19. Babasaheb @ Subhash S/o.Motiram Gade, Age-35 years, Occu-Agriculturist R/o.Telgaon, Tq.Majalgaon, Dist. Beed. 20. Rajesh S/o.Babasaheb Shendge, Age-35 years, Occu-Agriculturist and Service – Majalgaon Sahkari Sakhar Karkhana Ltd., Talegaon, R/o.Majalgaon, Tq.Majalgaon, Dist. Beed. 21. Prabhu S/o.Maroti Solanke, Age-62 years, Occu-Retired Servant, R/o.Beed, Tq. Beed, Dist. Beed APPLICANTS VERSUS 1. The State of Maharashtra, Through Police Station, Majalgaon, Dist. Beed. 2. The Superintendent of Police, Beed, Dist. Beed RESPONDENTS 4 Mr.S.J.Salunkhe, with Mr.V.D.Salunkhe, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 22/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.216/2009, registered in Majalgaon Police Station. 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State. 3. On two occasions, the matter was adjourned on the ground that there is allegations against these applicants that the documents which they have produced at the time of demanding the loan, 7/12 extract as well as the 8A extract of the revenue record were not provided by the bankers. Hence when the inquiry was made with the Village Talathi, it is learnt that no land was to the credit of these applicants. In nutshell, the loan was sanctioned to the landless persons, who have demand the agricultural loan for cultivation. 4. Instructions were given to the learned APP to collect the information to that effect and hence the matter was twice adjourned. 5 Today when the matter was again came up on board for final hearing, learned counsel for the applicants placed the copies of 7/12 extract of the lands, which stood in the name of these applicants alongwith the receipts of the membership of the society. Taken on record and marked “X” for identification. Considering this aspect, at least at this prima facie stage, there is no room to hold that these applicants are landless farmers and without verification of the fact, whether they are holding any land or not, loan was sanctioned to them by the Chairman and Directors of the bank through the society. If it is so, there is no prima facie case of the loan obtained by cheating or by submitting the forged documents with the bankers. Case is made out to enlarge the applicants on bail in the event of their arrest by exercising discretion u/s. 438 of Cr.P.C. In the premise, following is the order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicants in connection with CR No. 216/2009, registered in Majalgaon Police Station, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. This protection is granted till the charge sheet is filed in the court of Law. Thereafter the applicants are at liberty to apply for regular bail if so advised. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4401-09