MILIND VIDYASAGAR GHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) Apprehending arrest, the present applicant filed application for anticipatory bail before the Sessions Court, Jalgaon being Criminal Bail Application No. 1103 of 2008 which came to be rejected on 26.11.2008. Hence, this application.

(3.) The learned Senior Counsel for the applicant invited my attention to the contents in the complaint and submitted that the only allegation against applicant is that he has borrowed huge amount of loan for partnership firm. The present applicant was partner of the firm only from 31.3.2004 till 1.4.2004 and he resigned from the partnership firm on 1.4.2004. Therefore, hardly he was there as a partner. He further invited my attention to the contents of the F.I.R. at page 17 of the compilation and submitted that the only allegation against the applicant is that the applicant has misappropriated the amount by putting the Bank in economical loss by entering into criminal conspiracy with the another partner of the firm. According to the learned Counsel, he was partner of the said firm from 31.3.2004 to 1.4.2004 only. Therefore, he cannot be held responsible for any repayment of the loan by the concerned firm. Therefore, he submitted that the present applicant should be released on anticipatory bail. He invited my attention to para 2 of the interim order dated 11th December, 2008 passed by this Court and submitted that in the interim order this Court has observed that it appears that he has not participated in the business of partnership on regular basis.