1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.755 OF 2011 Indrajeet Rajendra Kakade ..Applicant. v/s. The State of Maharashtra ..Respondent. WITH ANTICIPATORY BAIL APPLICATION NO.756 OF 2011 Satyajit Rajendra Kakade ..Applicant v/s. The State of Maharashtra ..Respondent. Mr. Shirish Gupte, the learned Sr. Counsel i/by Jitendra Pathade,advs. for the Applicants. Mr. Y.S.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 9th September, 2011 PC : 1 Applicants seek anticipatory bail in crime no.110 of 2011 registered with Vadgaon Nimbalkar Police Station Taluka: Baramati, Dist. Pune for the offences punishable under Sections 403, 405, 408, 420, 465, 467, 468, 471 and 477-A r/w Section 120-B of the I.P.C. 2 According to the prosecution, applicants, who are brothers interse, are the members and the office bearers of Shri Someshwar Vividh Karyakari Seva Sahakari Maryadit Society, Nimbut. This society used to process applications of the farmers, who are members of the society and after processing the same would recommend to Pune District Central Co- operative Bank for crop loan. It is contended that these applicants and several other office bearers of the society proposed to the Pune District 2 Central Co-operative Bank Ltd. to accord sanction for crop loan to a large number of cultivators. They included almost all the members of the family of these applicants. Between 2007 to 2011 about 105 members were found to be defaulters. As per the audit report, amount of more than Rs.46 crore had fallen due from the defaulters including the present applicants and other members of their family. It is also contended that number of documents, which were filed with loan applications, were bogus or forged. 7/12 extracts of some of the lands, which were shown to be property of the applicants were also found to be bogus. On the report of the Special Auditor, Co-operative Department, the offence came to be registered against a large number of persons. 3 According to the applicants, as many as 28 accused including the officers of Pune District Central Co-operative Bank as well as committee members of the society and some other officers have been granted anticipatory bail. Five such persons have also been granted regular bail by different Courts. The learned Senior Counsel for the applicants pointed out that as per the report submitted by the auditor, the applicants and their other family members had obtained loan of about Rs.4.40 crore out of which some of the lady members have already cleared their dues. It is pointed out that the three ladies, who are granted anticipatory bail, are given time by the Supreme Court to pay their dues upto 15th September, 2011. As per the report, amount of Rs.13,46,090/- was due from the applicant Indrajeet and an amount of Rs.30,05,800/- was due from the applicant Satyajeet as on 31st March, 2011 and some interest must have accrued on the same by this time. The learned senior counsel for the applicants also pointed out that all the family members have executed registered mortgage deed of huge properties worth about Rs.29 crore in favour of the bank and these loans are fully secured. The learned APP 3 contended that said mortgage deed was executed on 28th April, 2011 while notice was issued on 21.4.2011 pointing out that some of the documents were bogus. He also pointed out that some of the 7/12 extracts filed by the present applicants and some others were also bogus. However, it is undisputed fact that though after notice dated 21st April, applicants and their family members have actually executed mortgage deed in favour of the bank in respect of 23 different properties and there is no dispute about their title over those properties and thus, loans of the bank are fully secured. In fact, the value of the property is much more than claim of the bank against the applicants. The learned APP on instructions from the Investigating Officer also conceded that about 50% of the dues from all the defaulters have also been recovered by this time. 4 Taking into consideration the above facts and circumstances, merely because some of the 7/12 extracts submitted alongwith loan applications, were not found to be genuine, I do not find that custodial interrogation of the applicants is necessary. There is no dispute that the applicants have taken the loans and they have executed necessary documents and mortgage deeds. They also made certain payments. The learned Senior Counsel also makes a statement that the applicants will also make payments of their dues by the end of 15th November, 2011. 5 Therefore, in the event of arrest in Crime No.110 of 2011 registered with Vadgaon Nimbalkar Police Station Taluka: Baramati, Dist. Pune for the offences punishable under Sections 403, 405, 408, 420, 465, 467, 468, 471 and 477-A r/w Section 120-B of the I.P.C., the applicants shall be released on their executing PR of Rs.25,000/- each with one or two sureties in the like amount with condition that they shall make themselves available before the police as and when required for the purpose of interrogation/investigation and shall not misuse the bail with further 4 condition that they shall clear their dues till 15th November, 2011. 6 Application stands disposed off. (J.H.BHATIA, J.)