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Orissa High Court

Rabi Saran Singh vs State Of Odisha .... Opp. Party on 27 March, 2024

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No. 15387 of 2023
               Rabi Saran Singh                       ....            Petitioner
                                                      Mr. R.K. Rout, Advocate
                                           -versus-
               State of Odisha                        ....            Opp. Party
                                                           Mr. D. Biswal, ASC

                        CORAM:
                        JUSTICE CHITTARANJAN DASH

                                      ORDER

Order No. 27.03.2024

04. 1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.419/420/467/468/471/472/474/34 of IPC.

3. Perusal of the FIR reveals that on 07.12.2009 Deputy General Manager, Allahabad Bank, Zone Office, Bhubaneswar lodged a written complaint that the then senior manager has disburse loan to various borrowers including the petitioner on the basis of third party mortgage and the said mortgage was obtained without observing bank's laid down procedure and guidelines and it is further alleged that the mortgager are not accepting that they have mortgaged their land during inquiry conducted by Chief Manager (Vigilance). It is revealed that the then Sr. Manager have sanctioned loan to the borrower by impersonation with fake and fabricated document and thereby a sum of Rs.1.94 crores have been in jeopardy.

// 2 //

4. Learned counsel for the Petitioner admitted to deposit a sum of Rs.20,000,00/-(Rupees Twenty Lakhs only) as against the loan in the account to be directed by the Authority of the bank i.e. Allahabad Bank, Cantonment Road Branch, Cuttack.

5. Keeping in view the submission and the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with G.R Case No.1620 of 2009 arising out of CID Crime Branch Orissa, Cuttak P.S Case No.33 of 2009 pending in the court of learned S.D.J.M (S)., Cuttack within a period of three weeks hence he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court subject to remit a sum of Rs.20,000,00/- ( Rupees Twenty Lakhs only) in the manner to be directed by the concerned bank as above, the acknowledgement whereof to be filed along with the application for bail.

6. The ABLAPL is accordingly disposed of.

(Chittaranjan Dash) Judge Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 28-Mar-2024 18:43:07 Page 2 of 2