1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5532 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. B.S. Nayak for the applicant. Mrs. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No.200 of 2009 registered at Talegaon Dabhade Police Station, District Pune. 3. The prosecution case in short is that the applicant agreed to purchase flat nos.23 and 24 in building no. B-2 at Balkrishna Nagar 2 constructed by DB Associates. He entered into one agreement dated 14th August 2002 covering both flats and registered the same at sr. no.2368 of 2002 in the office of the Sub-Registrar. He borrowed money from Bank of India as a housing loan on the basis of the said agreement. Thereafter he prepared another agreement in respect of the same two flats on 10th December 2002 and again registered it in the office of the Sub-Registrar at sr. no. 3747 without disclosing that earlier he had already entered into an agreement in respect of the same flats. Thereafter he borrowed money from the Syndicate Bank as housing loan on the basis of the second agreement in respect of the same two flats. Thus, he mortgaged the two flats to two different banks at two different occasions without disclosing to the second bank that he had borrowed money as housing loan on the same flats from the first bank. Prima facie, this discloses dishonest intention on the part of the applicant and intention to cheat 3 since inception. 4. In the circumstances, the applicant cannot be granted pre-arrest bail. Hence, the application is rejected. (D.G. KARNIK, J.)