..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2298 OF 2008 1. Mr.Alim Abdul Razzak Baig, & 2. Mrs.Asma Alim Baig. ..Applicants. Versus The State of Maharashtra. ..Respondent. .... Mr.Samir A. Vaidya, Adv. for applicants. Ms.A.T.Jhaveri, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 24th July, 2008. DATED : 24th July, 2008. DATED : 24th July, 2008. P.C.: 1. Heard the learned Advocate for the applicants and the learned APP for the State. 2. The applicants are seeking anticipatory bail in C.R.No.I-44 of 2008 of Rabodi police station, Thane. The said case is mainly under Sections 420, 468 of IPC. 3. The prosecution case is that the applicants booked a flat with the complainant for Rs.8 lakhs. They gave total money of Rs.50,000/-. Thereafter the applicants cancelled the booking of the flat by giving letter to the complainant firm. However, despite cancellation of the booking of the flat the ..(2).. applicants submitted the documents to the bank in relation to the very same flat and took a loan of total amount of Rs.7,30,000/-. 4. It is submitted that the flat is booked on 23.8.2002. As per the complainant the booking of the flat was cancelled on 27.8.2004. The learned APP states that the documents were submitted by the applicants to the Bank in the year, 2003 and pursuant thereto the loan was disbursed. From this statement it is clear that the documents were submitted to the bank prior to the cancellation of the booking of the flat. Thus, it is seen that when the papers were submitted to the Bank for loan, the agreement between the applicants and the complainant builder was very much in existence and it had not been cancelled. No other material has been pointed out by the learned APP. In this view of the matter, I am inclined to grant anticipatory bail to the applicants. 5. In the event of arrest, the applicants - Mr.Alim Abdul Razzak Baig & Mrs.Asma Alim Baig to be released on bail in the sum of Rs.40,000/- each with one or two sureties to make up the said amount. The ..(3).. applicant shall report to Rabodi police station, Thane for fifteen days starting from 26th July, 2008 from 11:00 a.m. to 2:00 p.m. and thereafter once in a week, till filing of the charge-sheet. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)