RAJAT SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present is a petition under Section 439 Cr.P.C., 1973 on behalf of the applicant/accused Rajat Sharma seeking bail in FIR No. 11/2014 registered at Police Station-EOW, Mandir Marg under Sections 406/420/120B I.P.C. At the outset, it is noticed that the applicant has been in judicial custody since 02.11.2014 and that the subject charge-sheet has been filed on 29.12.2014 after thorough investigation.

(2.) Mr. Vikas Pahwa, learned senior counsel appearing on behalf of the applicant, has urged that there are no allegations against applicant, who was the Bank Manager, having accepted any illegal gratification. Further it is argued by Mr. Pahwa that there is no likelihood of the trial commencing at an early date since the CFSL report with respect to the gold deposit is still awaited. Furthermore it has been urged that the beneficiaries to the subject loans are yet to be charge-sheeted. Finally it is urged by Mr. Pahwa that the applicant has been in custody for a period of over five, months and his two minor children aged about 10 and 3 years respectively are being subjected to undue harassment in the absence of their only bread earner.

(3.) On the contrary, it has been urged by Ms. Isha Khanna, learned APP appearing on behalf of the State, that the applicant, who was the Manager of the branch not only exceeded his financial limits but got appointed a relative of the beneficiaries as an appraiser qua the subject loans. It is also urged by Ms. Khanna that the applicant is guilty of conspiracy inasmuch as he was responsible for extending loans to the beneficiaries when he was the Branch Manager in Karol Bagh and continued to benefit the same persons when he was shifted to the Connaught Place branch.