Anticipatory Bail — S.438, Code of Criminal Procedure, 1973 — Bombay High Court (Amit Borkar, J.) — Anticipatory Bail Applications Nos.3260 and 3261 of 2024 (with Interim Applications Nos.5102 and 5103 of 2024) by Suryakant Prabhakar Golapkar and Preeti Suryakant Golapkar, apprehending arrest in Crime Register No. 0209 of 2023, Khandeshwar Police Station, for offences under Sections 409, 420 and 34, IPC — Prosecution case (complainant GIC Housing Finance Limited, a National Housing Bank-registered housing finance company): housing-loan disbursement cheques issued for purchase of identified CIDCO flats were encashed and the amounts diverted, in collusion with other accused and by creating false and fabricated documents, to purchase flats never financed by the complainant; alleged loss Rs.84,28,562/-; intervenor GIC Housing Finance Co.Ltd. through Praful Rajabhau Dhoke opposed the applications — Applicants' pleas that they are lawful owners of Flat No.1302, regular borrowers who defaulted during Covid-19, that the dispute is civil, and that the FIR of 1 August 2023 was delayed vis-a-vis the 2017 disbursement — HELD, rejecting both applications: (i) allegations disclose a well-planned act of cheating and criminal breach of trust; the cheque was to be encashed only towards the identified CIDCO flat but was prima facie misused and the amount diverted to an unsanctioned property; (ii) a contractual relationship between borrower and lender does not convert a criminal act of deception into a civil dispute when dishonest intention is apparent; (iii) delay in FIR registration is no ground for anticipatory bail, as financial irregularities and forgery often surface upon audit or inspection; (iv) custodial interrogation is necessary to trace the money trail, identify forged documents and ascertain possible collusion with public officials; an assurance to cooperate is no substitute for effective investigation — discretion under S.438 CrPC not exercised; pending interim applications disposed of.
