PARVESH JAIN Vs. CBI (STATE)

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 of the Code of Criminal Procedure by the petitioner for the grant of regular bail in FIR No.RC 04(A)/2015/CBI/AC-III/ND, under Sections 120B read with 420/467/468/471 Penal Code and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act.

(2.) The facts, as emerging from the record, are that the FIR of the instant case was registered by the CBI on 04.11.2015 on the basis of a written complaint made by Mr. Rajender Singh, Dy. General Manager of IDBI Bank Limited against the accused Parvesh Jain, proprietor of M/s. Jain Tex & Fab, Smt. Ruchi Jain, wife of Parvesh Jain and unknown persons for causing a loss of Rs.10 crores to IDBI Bank Limited by way of criminal conspiracy, impersonation, cheating, forgery and criminal misconduct by public servants. It was alleged that accused Parvesh Jain had applied to IDBI Bank for take over and enhancement of sanctioned cash credit limit of Rs.3.25 crores by State Bank of India in Aug., 2008. Cash credit limit of Rs.4.30 crores was sanctioned to him by IDBI Bank on 20.10.2008. The said limit was renewed and enhanced to Rs.6.30 crores on 04.07.2009 and it was further enhanced to Rs.10 crores on 24.05.2010. It was further alleged that four properties were mortgaged as collateral security by accused Parvesh Jain, his wife Ruchi Jain being third party guarantor and Ujagar Singh Gill. The loan account of accused Parvesh Jain was turned into a Non-Performing Asset (NPA) on 29.07.2011. It was found that on the property mortgaged by Ujagar Singh Gill, a multi-storey building was constructed. It was alleged that Ujagar Singh Gill had expired in 1993. Property bearing No.F-54, Jagatpuri, Delhi in the name of accused Parvesh Jain had another claimant, namely, Ramesh Tayal. It was further alleged that accused Parvesh Jain and Ruchi Jain presented an impersonator as Ujagar Singh Gill.

(3.) After the completion of charge sheet, CBI filed the charge sheet against accused Parvesh Jain, Ruchi Jain and 12 officers of IDBI Bank Limited.