1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4633 OF 2010 Hitesh Hasmukh Karliya ...Applicant. v. The State of Maharashtra ...Respondents. Ms Anjali Patil, adv. For the Applicant. Smt. P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 21, 2010 P.C. 1 Heard the learned counsel for the applicant and the learned APP. According to the prosecution, the present applicant had secured home loan of Rs.45 lac from the Central Bank. Loan was sanctioned in February, 2003. Loan was taken for the purchase of bungalow known as Sai-Kripa, C.T.S.No.453, Malwani Village, D.Monte Lane, Marve Road, Malad (West), Taluka: Borivali from its owners. Applicant's wife and mother had joined him in executing documents for obtaining loan. He had also furnished surety of one Ketan Oza. A cheque of Rs.48,50,000/- was issued in the name of Nitu Amratlal Maniawala, who was vendor of that property. Applicant paid in all six installments from March, 2003 to August, 2003 but thereafter no re-payment was made. Then it was revealed that same property was mortgaged by the plaintiff with three 2 other banks including Sangli Co-operative Bank. As the applicant had played fraud and used forged documents for obtaining loan, Crime No. 19 of 2005 was registered for offences under Sections 465, 467, 468, 471 r/w Section 120(B) of the I.P.C. Applicant is in custody since 20.6.2006, i.e., from the last 4 and half years. Some witnesses are already examined. It is difficult to say when the trial would come to an end. Therefore, the applicant seeks bail. 2 It appears that different banks have commenced proceedings before the D.R.T. for the recovery of the money. The above referred property being bungalow Sai-Kripa, C.T.S.No.453, Malwani Village, D.Monte Lane, Marve Road, Malad (West), Taluka: Borivali as well as another flat of the applicant being flat no.26, 5th floor, Kamal Kunj, Poddar Road, Malad (East) have been attached. The learned counsel for the applicant contends that the value of the bungalow at the Malwani Village itself may be more than Rs.4 crores today. On perusal of the document, it appears that applicant had infact, purchased the said bungalow for a consideration of Rs.48,50,000/-. However, it appears that he had submitted original documents to Sangli Bank and obtained loan. The documents deposited with the Central Bank were infact coloured photocopies of the original and thus, against the same property, he had 3 obtained loan from different banks. Even though prima-facie he appears to have played fraud in obtaining loan from different banks against the same property, it appears that value of the property owned and possessed by the applicant is much more than dues of the banks which can be recovered. Besides that all the offences are triable by the Magistrate. Applicant is already in jail for 4 and half years and there is slow progress in the trial. Therefore, applicant deserves to be granted bail. 3 In view of the above, applicant be released on his executing PR bond of Rs.15,000/- with one surety in the like amount with condition that he shall not misuse the bail. (J.H. BHATIA,J.)