RAFIQUE ABDUL MALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONERS in all the above four applications have applied for anticipatory bail under section 438 of the Criminal Procedure Code. Since all the applications arise under one and the same complaint registered under C. R. No. 95 of 1996 with General Branch, Crime Branch, C. I. D. Bombay and some common questions of facts and law are involved, the said applications were heard together and are, therefore, being disposed of by common judgment for the sake of convenience.

(2.) THESE applications for anticipatory bail arise in the following manner :-

(3.) WITH a view to help the upliftment of these cobblers who come from the lower strata of society and form weaker section of the society, the Central Government had introduced a scheme by providing loan to these cobblers societies at subsidised interest rates, sales tax exemptions etc. This scheme is modified form of automatic refinance scheme and was executed through Khadi and Village Industries Board allowing individual cobbler member of these societies to get subsidised loans from the Banks of Rs. 25,000/- each. The said loan was granted only to the cobblers who constituted themselves into co-operative societies. The loan had to be applied for in the name of the societies and the nationalised and Co-operative Banks were advancing the loans at the rate of Rs. 25,000/- per member. The said loan was to be utilised by the societies for the purchase of raw materials and after manufacturing finished products of leather foot-wear like shoes etc. the same were sold to the dealers like the petitioners. Before giving loans to these cobbler societies the Banks had to follow certain norms like, the Banks had to ascertain and were to be satisfied about the identity of the member cobblers. Every borrower member had to be identified by the society. The Bank had to interview every borrower member. The Bank also insisted on the undertaking to be given by the society for repayment of the said loan by regular instalments. The Bank also insisted on the guarantee being given by the dealers in finished products like the petitioners.