Prakash Mahawar vs The State Of Madhya Pradesh on 7 March, 2022

[Cites 6, Cited by 1]

Madhya Pradesh High Court

Prakash Mahawar vs The State Of Madhya Pradesh on 7 March, 2022

Bench: Satyendra Kumar Singh

                                         1
           IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                               BEFORE
             HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                           ON THE 7 th OF MARCH, 2022

                     MISC. CRIMINAL CASE No. 5275 of 2022

         Between:-
         PRAKASH MAHAWAR
         S/O JAGDISH MAHAWAR
         AGED ABOUT 32 YEARS
         OCCUPATION: JOB
         SILAWAT MOHALLA
         JUNA BIAORA
         DIST. RAJGARH (MP)

                                                                       .....PETITIONER
         (BY SHRI VIVEK SINGH, ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH
         STATION HOUSE OFFICER
         THRU. P.S. BIAORA
         DIST. RAJGARH (MP)

                                                                    .....RESPONDENTS
         (BY MS. MAMTA SHANDILYA, G.A.)
         (SHRI ANSHUL DABHADE, ADVOCATE FOR COMPLAINANT)
      This application coming on for orders this day, Hon'ble Shri Justice Satyendra
Kumar Singh passed the following:
                                             ORDER

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 03.10.2021 in connection with Crime No.557/2021 registered at Police Station Biaora, District Rajgarh (M.P.) for commission of offence punishable under Sections 420, 409, 467, 468 and 471 of IPC.

Prosecution story, in brief is that applicant was posted as Branch Manager of L&T Finance Ltd. Co., District Biaora, Rajgarh (MP) since 18.08.2017 to 03.10.2019, who alongwith other employees of the aforesaid company namely, co-accused Rakesh Shivhare, Rajesh Dangi, Rahul Vaishnav, Sonu Dangi and Pawan Pushpad prepared forged Aadhar card, Voter ID and other documents and got opened forged bank accounts in FINO bank with the help of employees of aforesaid bank namely, co-accused Abhishek and Diwakar and sanctioned an amount of Rs.62,30,049/- towards Group Loan for Women in the name of 198 fake persons, who were not in existence. After disbursement of the said amount in 2 forged bank accounts, withdrew and misappropriated the same.

Learned counsel for the applicant submits that there is no legal evidence against the applicant. All the documents were procured and produced before him by the Field Officers of L&T Finance Ltd. Co. The applicant only processed the same and bonafidely sanctioned the loan and he did not receive any amount. The allegations alleged against him are baseless. FIR is delayed by two years, without any reasonable cause. Investigation is complete and charge-sheet has been filed. Applicant is in custody since 03.10.2021. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Public Prosecutor for the non-applicant - State as well as counsel for the complainant have opposed the application. Counsel for the complainant submits that complainant is a representative of L&T Finance Ltd. Co. It is submitted on behalf of them that during audit, it was found that applicant being Branch Manager of L&T Finance Ltd. Co. procured and processed the forged documents and after sanctioning the loan amount, withdrew and misappropriated the same. Offences alleged against the applicant are serious in nature and relates to defalcation of huge amount and therefore, applicant is not entitled for grant of bail.

Having considered the rival submissions, material produced on record against the applicant, it is not disputed that applicant was posted as Branch Manager, L&T Finance Ltd. Co., Biaora, Rajgarh since 18.08.2017 to 03.10.2019. During the aforesaid period, it is alleged against him that on the basis of forged documents, he sanctioned an amount of Rs.63,30,049/- towards Group Loan for Women to 198 persons, who were not in existence. Looking to the overall facts and circumstances of the case, prima-facie, involvement of the applicant in the aforesaid crime cannot be denied hence, considering the material produced on record, at this stage, applicant does not deserve to be enlarged on bail. Accordingly, application filed under Section 439 of Cr.P.C. is hereby dismissed.

(SATYENDRA KUMAR SINGH) JUDGE gp GEETA Digitally signed by GEETA PRAMOD DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=1dc3d93a178bbacd0e9485f9f6e99335499bddb3250185 PRAMOD 0a4984b5b63f6d7a38, pseudonym=12F09B7BC77D4D3D96B764E8FA34B6FE3874D434, serialNumber=41554F8E701AEEB833278B4FDD900CBED72CCF2 99EA61E33BBE6175289BA0390, cn=GEETA PRAMOD Date: 2022.03.08 10:21:27 +05'30'

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