Cbi vs (1)Rajiv Kumar @ Hakla on 22 July, 2020
170. Similarly another judgment of Hon'ble High Court of Delhi in S.Ram
Yadav's case (supra), Hon'ble Court had noted that legal search report given by
a lawyer/accused was filed to the bank subsequent to recommendation of credit
facility. Therefore in the light of the facts of that case it was held by the
Hon'ble Court that once the bank had already awarded the credit facility without
going through the legal search report of the accused advocate, therefore it
cannot be said that accused advocate was in connivance or in conspiracy with
coaccused. Evidently facts of that case were altogether different as court was
only considering that the legal search report furnished by that advocate/accused
CBI Vs. Rajiv Kumar @ Hakla & Etc. 82
was not the basis for grant of loan facility, therefore that person cannot be
considered to be part of conspiracy. In this case the document Ex.PW5/A
purportedly executed by A4 Manjeet Singh in favour of A2 was very much used
by the bank when A2 Alka Devi stood guarantor. No doubt Alka Devi became
guarantor when the loan account was already irregular, this was rather an
unfortunate situation but one cannot say that there was no connivance of A2 or
A4 at all in the commission of crime.