1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.5147 of 2009 Mr.Amit D. Singh & Anr ... Applicants versus The State of Maharashtra ... Respondent ... Mr.A.P.Mundargi for the applicant. Mrs.M.R.Tidake APP for the State. CORAM : D.G. KARNIK, J. DATED : 6th January 2010 P.C. 1. Heard learned counsel for the applicants and learned APP for the State. 2. The applicants pray for anticipatory bail in connection with Crime registered against them under C.R.No.295 of 2009 at Bhadrakali police station, Nashik. 2 3. According to the complainant Bank of Baroda, a flat was mortgaged to it by the applicant no.1. Without disclosing the mortgage, the flat was sold by the applicants to a third party and thereby the bank was cheated. Even after mortgage of a flat, the owner retains with him equity of redemption which is transferable like any other property. Therefore, mere sale of a mortgaged property prima facie would not by itself amount to an offence. In any event, all the evidence of crime, if any, is documentary. Custodial interrogation does not appear necessary. In the circumstances, in my view, the applicants are entitled to anticipatory bail subject to certain conditions. Hence, I pass the following order:- O R D E R . In the event the applicants are arrested in connection with the crime registered under C.R. no.295 of 2009, each of them shall be released on bail on personal bond of Rs.15,000/- with one surety each in like amount subject to the following conditions. (i) This order shall remain in force for a period of three months or till the date charge-sheet is filed. After the charge-sheet is filed the 3 applicant shall be entitled to apply for regular bail before the appropriate court. It is clarified that appropriate court shall consider the application for regular bail on its own merits without being in any way influenced b any of the observations made herein. (ii) Applicant no.1 shall attend the concerned police station on every Monday between 11.00 a.m and 12 noon for a period of three months or till the charge-sheet is filed. Applicant no.2 shall attend the police station as and when summoned by the police. (iii) Applicants shall co-operate with the investigation. (D.G. KARNIK,J.)