Madhya Pradesh High Court
L.P. Isda vs The State Of Madhya Pradesh on 10 July, 2015
MCRC-8582-2015
(L.P. ISDA Vs THE STATE OF MADHYA PRADESH)
10-07-2015
Shri P.K. Mishra, learned counsel for the applicants-accused.
Shri Pradeep Gupta, learned P.L. for the respondent/State.
Case diary is available.
This is first bail application filed by the applicants / accused under section 438 of Cr.P.C. for grant of anticipatory bail, apprehending their arrest in connection with Crime No.21/15, Police Station Raipura, Distt. Panna, offences registered under sections 420, 467, 468 and 471 of the IPC. Learned counsel for the applicants submits that the applicant no.1. â accused being the Manager of the State Bank, Branch Raipura has been falsely implicated in this case whereas the loan papers were not prepared by him. The said act was carried out by the field officer and he had not contributed in any way to the preparation of the said documents. Counsel further pleads that the applicant no. 2 was the temporary employee of the Bank. He did not play any role in preparation of Kisan Credit Card (KCC). On the aforesaid grounds, learned counsel for the applicants / accused has prayed for grant of anticipatory bail.
Learned Panel Lawyer opposing the submissions made on behalf of the applicants submits that it is a case of embezzlement of 24 Lacs. The applicants / accused in connivance with other co-accused opened fake and forged KCC in the name of villagers and the said amount was withdrawn. Notices were issued to the said borrowers, thereafter they made a complaint to the effect that they had not taken any loan under the KCC scheme and had not produced any document of their property before the Bank. Counsel further pleads that the loan was sanctioned to a dead person also. In the aforesaid circumstances, considering the seriousness of the offences, the application filed by the applicants be dismissed. On perusal of the case diary it is evident that the applicants â accused in connivance with the other co-accused, employees of the Bank and other persons after fraudulently obtaining some documents from the villagers and making fake and forged documents with their helps opened accounts under the KCC scheme in the names of Gulab Lodhi, Murat Singh, Madhav Singh, Babulal Yadav, Pyarelal, Gendalal, Mahesh Prasad, Sonelal, Kisiniya Bai, Phool Rani and other villagers and different amounts of money were withdrawn in their names. A detailed investigation has been made by the investigating agency. There is sufficient evidence on record against the applicants â accused to connect them with the alleged offences. Considering the seriousness of the offences, this court does not deem it fit to grant anticipatory bail to the applicants-accused. Hence, the application is hereby dismissed.
CC as per rules.
(M.K. MUDGAL) JUDGE