Sureshchandra Murlidhar Sikchi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1994 OF 2017 Sureshchandra Murlidhar Sikchi, Age 75 years, Occ. Nil, R/o. Opp.

Tar Bhavan, Bahadur pura Aurangabad.

... Applicant.

V E R S U S The State of Maharashtra, Through Police Inspector, City Chowk Police Station, Aurangabad.

Respondent.

Mr. P. K. Lakhotiya, Advocate for the Applicant Mr. A.D. Namde, A.P.P. for the respondent/State CORAM : K.L. WADANE, J.

DATE : 22nd JUNE, 2017 ORDER :

1.

Heard Mr. Lakhotiya learned counsel for the applicant and Mr. Namde, learned APP for the State. 2.

One Ashok Maheshwari, Chief Executive Officer, Shri. Mahesh Urban Co.Op. Bank Ltd. Aurangabad, Branch Aurangabad, lodged a report to City Chowk police station Aurangabad, wherein he alleged

that, the applicant-accused had obtained cash credit facility from the bank. He had mortgaged his property against the loan. Later on, it is noticed that, the said property was already sold by the applicantaccused to one Kendre. 3.

On the basis of the information given by Mr.

Maheshwari, Crime No. 109/2017 is registered against the applicant with City Chowk Police Station Aurangabad, for the offence punishable under section 420 of the Indian Penal Code.

4.

The learned counsel Mr. Lakhotiya appearing for the applicant submits that, the recovery proceeding is initiated by the Bank and which is pending. Furthermore, the present petitioner has deposited an amount of Rs. 2,00,000/- in the concerned bank.

5.

Looking to the averments in the complaint and the papers of investigation, the alleged transaction is of mid-2000 and all the papers are available with the concerned Bank as well as office of the SubRegistrar, where the sale-deeds and mortgage-deeds are

registered. In view of the above, I am of the opinion that, the custodial interrogation of the present applicant is not necessary. Hence, he can be released on anticipatory bail. Hence, following order. O R D E R.

i) In the event of arrest of the applicant in connection with Crime No.109 of 2017, registered with City Chouk, Police Station, Aurangabad, he be released on bail on his furnishing P.R. bond of Rs.15,000/- (Rupees Fifteen thousand) with one surety in the like amount.

Criminal application is disposed of.

( K.L. WADANE, J. ) mkd/-