1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.113 OF 2010 Ganesh s/o Baliram Raut Age-45 years, Occ-Business R/o Nalwandi, Tq & Dist-Beed APPLICANT VERSUS 1. The State of Maharashtra 2. Superintendent of Police Beed, Dist-Beed RESPONDENTS ........ Mrs.S.S.Jadhav, Advocate for applicant Mr. B.J.Sonawane, APP for respondents State. ........ [CORAM : A.V.POTDAR, J.] DATE : 18th February 2010 PER COURT : 1. This is an application by which the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.56/2009 registered with Beed City Police Station. 2. Heard learned counsel for the applicant and learned APP. 3. It appears that on 15.01.2010 interim protection is 2 granted in favour of the applicant. On 01.02.2010 the applicant had given an offer that the properties, which are mortgaged with the bank, may be sold and the outstanding dues of the bank may be recovered from the sale proceeds of the same. 4. Admittedly, applicant is neither an office bearer nor employee of the bank. The applicant is the borrower, who has obtained loan of Rs.50 lacs in the year 2004 by offering appropriate security by way of mortgage. The applicant has mortgaged 20 Acres and 20 Gunthas of agricultural land with the bank and also a plot admeasuring 500 square meter. Loan was granted to the applicant on the strength of this security. In the premise, the allegation that loan was disbursed to the applicant on forged documents and without obtaining any security cannot be accepted. Admittedly, the applicant is a defaulter borrower, who has failed to repay the loan, after the year 2006. Due to failure of applicant on the front of business, the applicant could not repay the loan. If the loan is granted after obtaining appropriate security, it cannot be said that the applicant has cheated the bank and has obtained loan on insufficient security. By passage of time the amount of loan has increased considerably. Now the loan outstanding against the applicant is more than double the principal amount. When the landed property of the applicant is mortgaged with the bank, the bank can recover the said amount, with interest, by putting the said property on auction. In the premise, it cannot be said that the applicant had an intention to cheat the bank. In view of these circumstances, case is made out to enlarge the 3 applicant on anticipatory bail. 5. In the result, the application is allowed. Interim protection granted in favour of the applicant on 15.01.2010, is hereby confirmed and to remain in force till filing of the charge sheet. Applicant is prohibited from creating any third party interest over the property, which he has already mortgaged with Champawati Bank, Beed. (A.V.POTDAR, J.) drp/A10/criapln113-10