Madhya Pradesh High Court
Ram Prasad Arora vs The State Of Madhya Pradesh on 23 September, 2019
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 CRA-7701-2019
The High Court Of Madhya Pradesh
CRA-7701-2019
(RAM PRASAD ARORA Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-09-2019
Shri Sidhharth Datt, learned counsel for the appellant.
Ms. Anjana Kurariya, learned Governement Advocate for
respondent/ State.
Heard on admission.
Record of trial Court has already been received, appeal seems to be arguable, hence, it is admitted for final hearing.
Also heard on I.A. No. 16964/19, an application under section 389(1) Cr.P.C for suspension of sentence and grant bail to appellant.
Appellant has been convicted for the offence punishable under Sections 409, 467 ,471, 420 and 120-B IPC and sentenced to undergo R.I for four years with fine of Rs. 25,000/- in each offences. Default stipulation has also been imposed by the trial Court.
According to prosecution case, Bank Manager of Bank of Maharashra, branch Multai has filed an application in police station Multai stating that prior from 30.06.2009, appellant was working in branch under the capacity of Branch Manager. At that time, one Tanti S/o Anantram Narvare contacted to Branch Manager to make "Kishan Credit Card" and Branch Manager/ appellant has informed about all the necessary formalities to him. Thereafter, applicant Tanti has produced all the documents and on 28.06.09, Branch Manger/appellant has carried out physical verification of land. On 30.06.09, after keeping land under mortgage, loan of Rs. 3,00,000/- was sanctioned in favour of the applicant. One Ramlal S/o Santosh Rao has given his surety in loan proceedings. On 10.05.2010, Bank has issued notice to applicant-Tanti to deposit loan amount on which he informed through letter that he had 2 CRA-7701-2019 never taken any loan from the Bank. Inquiry was made and found that on the basis of forged documents of Tanti, any unknown person got loan and committed cheating with Bank.
During investigation, police found that Branch Manager/appellant has sanctioned "Kishan Credit Card Loan" in the name of Tanti, whereas loan was taken by some unknown person impersonated as Tanti and connivance with surety-Ramlal in forged manner. In trial, the allegation which has been found prove is that being a Bank Manger of Bank of Maharastra, branch Multai, the appellant entered into conspiracy with the other co-accused persons and opened forged accounts by manipulating documents and thereafter deposited loan amount in that accounts. They have used the aforesaid money for own purposes.
Learned counsel for the appellant submits that appellant is in jail since 04.09.2019. He further submits that appellant/accused has been falsely implicated in this case. He further submits that the learned trial judge erred in holding the appellant guilty for the offence under Sections 120-B, 409, 467, 471 and 420 of the IPC and the judgment of conviction and imposition of sentence by the learned Special Judge is bad, improper and illegal. He further submits that to constitute the offence under Section 409 of IPC there must be entrustment of property but appellant has not received any property or amount and property is not entrusted to petitioner in any manner. He does not misappropriate such property to his own use. The appellant has performed his duty with proper care and caution under the rules framed in this regard and he has verified the land after receiving search report made by authorized counsel of the bank. There are fair chances to succeed in the case. Final hearing of this appeal will take time if the appellant is not released on bail, the purpose of filing this appeal will be frustrated. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining 3 CRA-7701-2019 jail sentence may be suspended and he may be released on bail.
On the other hand, the bail application is opposed by counsel for the respondent/State.
Considering the contention of both the parties and on perusal of record, it is evident that Ved Prakash Sharma (PW-1) who lodged the complaint has stated that he is unable to say that the than Bank Manager had made physical of alleged land or not but he has admitted the fact that while sanctioning loan, physical verification of land is carried out. Further he stated that upon correct search report, the loan is sanctioned by the Bank to the applicant, further Narsingnath (PW-2), who was posted at the same branch during period from 02.05.2011 to 25.06.2012 has stated about the procedure to sanction the loan and stated that before sanctioning loan, the land is seen by the Bank Officer and inquiry with regard to land is also made from people of its vicinity. Thereafter, a search report is called from authorized counsel of the bank and after that spot verification is carried out and loan is sanctioned to the applicant. He has admitted that in the present case the above said procedure was duly followed by the authority.
Considering the above said circumstances and looking to fact that this appeal is of year 2019. Final hearing of this appeal will take time for final disposal. Without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him. Consequently, I.A.No.16964/19 is allowed subject to deposit of fine amount, if already not deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.
Appellant-Ram Prasad Arora be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of 4 CRA-7701-2019 the trial Court. The appellant shall appear and mark his presence before trial Court on 16.12.2019 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.
List the case along with Cr.A. No. 7813/19 for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2019.09.25 14:55:11 +05'30'