HASAN AMAR HYDARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant apprehending arrest in CR No.242 of 2020 dated 25.11.2019, registered under sections 406, 420, 467, 468, 471, 474 read with section 34 of the Indian Penal Code with Police Station, Vedant Nagar, Aurangabad, has preferred this application seeking pre- arrest bail.

(2.) Heard learned counsel for the applicant and learned APP for respondent/State. Perused the FIR and the order the passed by the learned Additional Sessions Judge, to reject the application seeking pre-arrest bail filed by applicant. Also perused the papers of investigation.

(3.) In brief, it is the contention of the learned counsel for the applicant that the applicant is innocent and committed no offence. Only because the applicant could not repay the loan, the prosecution has been initiated against the applicant. It is further submitted that for dishonour of cheque, the applicant is facing prosecution under section 138 of the Negotiable Instruments Act, initiated at the instance of the informant bank. It is submitted that some of the accused were granted anticipatory bail by the Sessions Court as they have offered to deposit the amount of loan due and payable to the informant bank. It is submitted that the applicant is also willing to pay the amount, but now he is not in a position to arrange the funds.