1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1013 OF 2011 Gaurav Gangwal .Applicant V/s. The State of Maharashtra .Respondent Mr.Sandeep Shinde & Mr.Vivek Gore, Advocate, for the Applicant Mrs.M.R.Tidke, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 12TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. Perused the report which the learned APP has made available. 2. This is an application for anticipatory bail by a Salesman of Kotak Mahindra Bank, who apprehends arrest in connection with C.R.No. 445 of 2011 for the offences punishable under Sections 406, 420, 423, 471 read with Section 34 of the Indian Penal Code registered with 2 Goregaon Police Station, Mumbai on the report of cheat of HDFC Bank. Facts are really queer. The cheat Samshuddin Charania, who has been bailed out after being arrested had purchased an Innova car by taking a loan of ` 9,59,520/- from Kotak Mahindra Bank. The cheat informed the complainant that most of the loan had been repaid and ` 3,35,806/- remained to be repaid. One Ashok Shetty of HDFC Bank told the cheat Samshuddin that HDFC Bank would advance another sum of ` 8,80,000/- on the same car. The fellow must have been happy on this assurance and therefore, agreed to bring No Objection Certificate from Kotak Mahindra Bank, received a sum of ` 3,35,806/- for being repaid to Kotak Mahindra Bank and ` 5,34,834/- to the borrower. The borrower did not bring any No Objection Certificate from Kotak Mahindra Bank and instead took another loan of ` 6,50,000/- on the same car from Kotak Mahindra Bank. This speaks volume about the sound banking practise of the 3 two banking giants. It is not clear as to why police should waste their time in such a case of allowing unscrupulous borrower to take advantage of competition in snatching customers. In view of this, in the event of arrest, applicant be released on bail on his furnishing P.R.Bond of Rs.10,000/- with one or more solvent sureties in the aggregate sum of Rs.10,000/- on the following conditions. (i) The applicant shall report at the Goregaon Police Station, Mumbai on 16th December, 2011 and thereafter, as and when required by the investigating officer. (ii) The applicant shall make himself available for interrogation by a police officer as and when required. (iii) The applicant 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 from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. . The order will remain in force till the trial is over with the only stipulation that if 4 charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). 3. Anticipatory Bail Application stands disposed of. (R.C.CHAVAN, J.)