(1) CRI. APLN. 4286.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4286 OF 2010 1. Rajiv Ramdas Mahajan Age : 40 years, Occu.: Business, R/o. 90 Krishnandu, Gandhi Nagar, Jalgaon 2. Pankaj Manik Narkhede Age : 31 years, Occu.: Business, R/o. Plot No.11, Ganpati Apptt., Uday Colony, Jalgaon 3. Manoj Manik Narkhede Age : 32 years, Occu.: Service, R/o. Plot no. 11, Ganpati Apptt., Uday Colony, Jalgaon APPLICANTS VERSUS 1. The State of Maharashtra Through Government Pleader, High Court of Bombay Bench at Aurangabad 2. Superintendent of Police Jalgaon (Copy to be served on Govt. Pleader, High Court, A'bad.) RESPONDENTS ..... Mr. D.B. Thoke, Advocate for the Applicants. Mr. D.V. Tele, A.P.P. for the respondent/State. Mr. R.S. Deshmukh, Advocate for the complainant ..... CORAM : V.R. KINGAONKAR, J. DATED : 8TH DECEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicants seek anticipatory bail. (2) CRI. APLN. 4286.2010 2. Having heard learned Advocates for the parties and learned A.P.P. and on perusal of the relevant investigation papers including the F.I.R., it prima facie appears that the complainant was duped by M/s. Mansai Construction, Jalgaon. The applicants are partners in the business of M/s. Mansai Construction. It no doubt appears that the transactions were mainly entered into by Sandeep Ingale on behalf of M/s. Mansai Construction. It is probable that said Sandeep Ingale double-corssed other partners and the complainant as well as Vijaya Bank. Still, however, considering the joint and several liability of the applicants as partners of the construction firm, the applicants are ready to repay the entire amount to the complainant. They will be at liberty to recover such amount from the partner i.e. Sandeep Ingale at the time of the dissolution of the partnership firm or by way of separate civil action or in any other manner as may be permissible under the law. 3. Considering the statements made by the learned Advocate for the applicants on instructions of the (3) CRI. APLN. 4286.2010 applicant no.1, who is present in person, the Application is allowed in the following manner:- I) In the event of arrest, the applicants be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) each before the Arresting Officer. II) The applicants shall give an undertaking to the effect that they will repay the entire loan amount outstanding against the account in the Vijaya Bank, Jalgaon against the name and property of the complainant in order to get the property released in his name within eight weeks. If they will fail to get the property released and restored in name of the complainant within eight weeks, then the Application to be deemed as dismissed and the Investigating Officer may be at liberty to arrest them. The undertaking to be given before the Registrar (Judicial) today itself. Sd/- [V. R. KINGAONKAR, J.] arp