abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4119 OF 2007 Shivbahal Vikram Vishwakarma .. Applicant V/s State of Maharashtra .. Respondent Mr.M.S. Karnik for the applicant. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 18TH 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 alleged offence registered against unknown persons, i.e. borrowers of Shriram Co-operative Bank Ltd., under C.R. No.152/2006 by Panchavati Police Station, punishable under sections 403, 406, 408, 409, 418, 420, 468, 471, 120-B read with 34 of the Indian Penal Code. - 2 - 3. One Dr.Ramesh Udhav Kulkarni filed a private complaint being C.C. No.318 of 2006 in the Court of Chief Judicial Magistrate, Nashik alleging therein that Shriram Co-operative Bank Ltd. had given indiscriminate loans to several persons and the bank was facing financial difficulty on account of non-payment of money by the borrowers. He has alleged that the loans were granted by the directors wrongly and therefore he filed the complaint against the former chairman and all unnamed directors and unnamed borrowers. The learned Magistrate passed an order under section 156(3) of the Cr.P.C. and thereupon the police have registered the offence as above. The applicant is one of the borrowers of the bank. There are no specific allegations qua the present applicant. There is only a general allegation that the borrowers have defaulted. 4. I am informed that a prosecution under section 138 of the Negotiable Instruments Act has already been instituted against the applicant by the bank. 5. Taking an overall view of the matter and taking into consideration that there are no specific allegations against the present applicant, the applicant is entitled to anticipatory bail. Hence, I pass the - 3 - following order:- ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the offence mentioned above, he shall be released on bail on executing personal bond of Rs.30,000/- with two sureties of Rs.15,000/- each subject to the following conditions:- (a) The applicant shall cooperate with the investigation and attend the police station as and when summoned by the police. (b) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with 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 such application is made, it shall be considered on its own merits without being influenced by any of the observations made in this order. - 4 - (D.G. KARNIK, J.)