Jharkhand High Court
Gopal Singh Jha vs The State Of Jharkhand Through Cbi on 19 September, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1826 of 2017
Gopal Singh Jha ...... Petitioner
Versus
1. The State of Jharkhand through CBI...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. P.A.N.Roy, Advocate
For the CBI : Mr. K.P. Deo, S.C.
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C.A.V. on 11.09.2017 Delivered on 19/09/2017
Anant Bijay Singh, J. The petitioner is apprehending his arrest in connection
with R.C Case No. 05(A)/2015 (R), the case registered under Sections
120 (B) read with section 420 of the IPC and u/s 13(2) read with section
13(i)(d) of the Prevention of Corruption Act.
2. Heard learned counsel for the petitioner and learned Standing
Counsel appearing for the CBI.
3. The prosecution case in short is that on the written complaint
received from Sri S.K. Khare, S.P./HOB, CBI, ACB, Ranchi dated
11.06.2015alleging inter alia that he has received the complaint from one from Sri V.K.Sharma, Chief Manager ,Punjab National Bank, Circle Office, Main Road, Ranchi who has alleged that Sri Gopal Singh Jha, the present petitioner who was then Branch Manager, PNB, Mango Branch, Jamshedpur during the period from April, 2010 to October, 2010 in connivance with M/s Gauri Gautam Construction Pvt. Ltd. Jamshedpur and its three Directors namely, Rohit Kumar Singh, Arun Kumar Singh and Smt. Gauri Devi, M/s JMD Construction, Jamshedpur, Sri Ram Janam Sharma, Proprietor of M/s JMD construction, Jamshedpur, M/s Sri Shanti Construction, Jamshedpur, Sunit Kumar Badani and Vivek Pandey, both partners of M/s Sri, Shanti Construction, Jamshedpur, cheated the bank to the tune of Rs.3,41,80,098/- by dishonestly inducing the bank to deliver the proceeds of 31 housing loans, sanctioned by Gopal Singh Jha- petitioner dishonestly and by abusing his official position. On the basis of the aforesaid allegation the present case was instituted.
4. Learned counsel for the petitioner while pressing the bail application has submitted that the allegation against this petitioner that he connived with the builder company to facilitate the loans in their favour is not correct inasmuch as the petitioner had followed all the rules and regulations of Punjab National Bank, Jamshedpur Branch and sanctioned 2 the loans on the basis of affidavit and other papers and after investigation the CBI has submitted final form and also during the course of investigation petitioner was directed to remain present and co-operate in the investigation. Finally cognizance has been taken by the court below. Hence petitioner deserves bail.
5. On the other hand, learned Standing Counsel for the CBI vehemently opposed the prayer for bail of the petitioner on the basis of material collected in the FIR and further submitted that during the course of trial the Punjab National Bank has dismissed the petitioner from service.
6. Learned standing counsel while referring the final form has submitted that Smt. Gauri Devi executed two sale deeds in the name of the sons of Gopal Singh Jha. Sale Deed No. 6189 dated 12.10.2009 has been executed between M/s Gauri Associates represented by its Proprietor Smt. Gauri Devi and Gaurav Vishal Jha S/o G.S. Jha in respect of flat no. 1/7, Gautam Navlakha Apartment for a consideration amount of Rs.7 lakhs even though the sale value of the said deed was Rs.16 lakhs. Sale Deed No. 7688 dated 27.10.2010 has been executed between M/s Gauri Associates represented by its Proprietor Smt. Gauri Devi and Gautam Vishal 'Goldie' S/o G.S. Jha in respect of flat no. 4/5, Gautam Navlakha Apartment for a consideration amount of Rs. 7 lakhs even though the sale value of the said deed was Rs.23 lakhs.
7. On the basis of the finding of the Investigation Officer, learned Standing Counsel for the CBI has submitted that the petitioner does not deserve the privilege of bail.
8. In this case the CBI has completed the investigation and submit the final form and the learned Special Judge, CBI, Ranchi vide order dated 05.12.2016 took cognizance against the petitioner u/s 120B r/w 420/468/471 IPC and Section 13 (2) r/w 13(i)(d) of P.C. Act.
9. The investigation reveals that the petitioner-Gopal Singh Jha was posted as Branch Manager of PNB Branch(MMG-II) from March, 2008 to April, 2011 during that period said Gopal Singh Jha sanctioned 31housing loan to Rohit Kumar Singh, Arun Kumar Singh, Akash Agarwal, Gauri Devi of M/s Gauri Gautam Construction Pvt. Ltd. Ram Janam Sharma of M/s JMD Construction, Rahul Kumar Shankara,Suit Kumar Bhadani & Vivek Pandey of Shri Snaiti Construction on the basis of forged documents. i.e. Income Tax Returns and building permits without 3 ascertaining the genuineness of the borrowers.
10. The investigation further reveals that one B.S.Soy was posted as Scale-I Officer from 26.04.2010 to 23.10.2010 in PNB, Mango Branch and it was his duty to carry out the sanction verification before recommending for grant of the housing loan. Out of 31 housing loans sanctioned by Gopal Singh Jha, B.S. Soy recommended the sanction of housing loans in five instances pertaining to Alex R. George, Sajid Ahmad, Dharmesh Ranpara, Dixit Chakraborty and Anand Jal without conducting any pre- sanction verification and without ascertaining the genuineness of the loanees.
11. The investigation further reveals that Rohit Kumar Singh, Arun Kumar Singh, Gauri Dev, Akash Agrawal all Directors of M/s Gauri Gautam Construction Pvt. Ltd had obtained 28 housing loans from Punjab National Bank, Mango Branch on the basis of forged documents in the name of their employees and other private persons. The load proceeds were credited in the account of M/s Gauri Gautam Construction Pvt. Ltd. The investigation further reveals Ram Janam Sharma ans Rahul Kumar Shankara obtained 2 housing loan from Punjab National Bank, Mango Branch on the basis of forged documents in the name of one employee Shri Dixit Chakraborty and one private person Shri Anand Jal without their knowledge. The details description of 28 housing loans sanction by the petitioner- Gopal Singh Jha through the Builder M/s Gauri Gautam Construction Pvt. Ltd and its Directors has been given alongwith the account of the loanees and it appears that there is outstanding dues.
12. Considering the aforesaid facts and circumstances of the case and also going through the records as also the investigation report submitted by the CBI and lastly the fact that bank has already dismissed the petitioner from service, I am not inclined to enlarge the petitioner on bail.
Accordingly prayer for anticipatory bail of the petitioner is hereby rejected.
( Anant Bijay Singh, J.) Raman