1 ABA-876.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.876 OF 2011 {For Anticipatory Bail} 1. Nilesh Nanasaheb Ingle 2. Ashok Baburao Autade 3. Sadashiv Baburao Autade .... Applicants Vs. State of Maharashtra & Anr. .... Respondents Shri Rahul S. Kadam for the Applicants. Ms P.P. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 14, 2011 P.C: 1. This is an application for anticipatory bail by three persons who state that they had in fact not received a farthing from the complainant-Society and that amounts had been borrowed in their names by Kolekars. The learned counsel for the applicants also points out that persons similarly placed have been admitted to anticipatory bail by the Sessions Judge himself and cited the examples of Datta Narayan Kadam and Tukaram Arjun Suryawanshi. He also pointed out that this Court had admitted Indrajeet Rajendra Kakade and Satyajit Rajendra 2 ABA-876.11 Kakade ((Anticipatory Bail Application Nos.755 & 756 of 2011 respectively) to anticipatory bail by a common order dated 9-9-2011. However, in the said order it is observed that, learned senior counsel for the applicants had made a statement that the applicants would also make payment of their dues by the end of 15-11-2011, that is, tomorrow. Therefore, unless the dues are cleared, there can be no question of the present applicants being admitted to anticipatory bail. 2. The learned counsel for the applicants submitted that property of the applicants worth crores is already mortgaged by a Mortgage Deed executed by Kakade who holds the Power of Attorney for the applicants and therefore the dues of the Bank are secured. The Mortgage Deed shows that Nilesh Ingle was supposed to pay Rs.32,00,300/- to the Bank and Ashok and Sadashiv were supposed to pay Rs.26,53,200/- and 26,64,400/- respectively. It is not known as to why the learned counsel for the applicants claims that the property is worth crores when no such valuation report is produced before the Court. The learned counsel for the applicants states that, without prejudice to the rights of the applicants, the 3 ABA-876.11 applicants would deposit with the trial court half of the amounts due within a period of six weeks. In view of this, the applicants being in custody may not be necessary. Hence the application is allowed. 3. In the event of the applicants' arrest in C.R. No.110 of 2011 of Vadgaon-Nimbalkar Police Station, Taluka Baramati, District Pune, the applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or more solvent sureties in the sum aggregating to Rs.50,000/- per person on the condition that the applicants, within a period of six weeks, will deposit with the trial Court 50% of the amount shown against their respective names at page 41 of the application (internal page 15 of the Mortgaged Deed). On such deposit being made, the learned trial Judge shall invest the amount in interest earning deposit in State Bank of India and shall deal with the same, if any, at the end of the trial as per result of the case. 4. The learned counsel for the applicants states that if the applicants are permitted to sell the property, they would liquidate all the dues of the society. This is subject to the 4 ABA-876.11 applicants taking out appropriate proceedings before the appropriate recovery authority before whom the recovery proceedings may be pending. 5. The applicants shall report at the police station concerned on 28-11-2011 at 11:00 a.m. for interrogation and thereafter as and when required by the I.O.. The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and they shall not leave the country without the prior permission of the trial Court. 6. This order shall remain in force till the trial is over with the only stipulation that if charge-sheeted, the applicants may furnish fresh bond before the trial Court in view of the Judgment of the Supreme Court, dated 2-12-2010, delivered in Criminal Appeal No.2271 of 2010, arising out of SLP (Cri.) No. 7615 of 2009 {Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.}. 7. The application accordingly stands 5 ABA-876.11 disposed of. (R.C. CHAVAN, J.)