ABRAHAM JOSEPH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This criminal revision petition has been filed by the accused No.1 in CC No.7/2011 on the file of Special Judge (SPE/CBI), Thiruvananthapuram (for short, 'the court below'), challenging the order in Crl.M.P.No.20/2011 dtd. 22/1/2022 dismissing his application seeking discharge.

(2.) A crime was registered by the CBI as Crime No.RC/15(A)/7/CBI/KER against the revision petitioner and three others alleging offences punishable under Sec. 13(2) r/w 13(1)(d) of the Prevention of Corruption Act (for short, 'the PC Act') and Sec. 420 and 120B of the Indian Penal Code (IPC).

(3.) The revision petitioner/accused No.1 was the Branch Manager, and the accused No.2 was the Deputy Branch Manager of the State Bank of India, Alappuzha, in March 2006. Accused Nos.3 and 4 were businessmen conducting various businesses, and the accused No.5 was a retired electrical engineer. The crux of the prosecution allegation is as follows: All the accused, during the period March to August 2006, entered into a criminal conspiracy to cheat the State Bank of India, ADB Branch, Alappuzha and in pursuance of the said conspiracy, the accused Nos. 3 and 4 approached the people who were heavily indebted but had landed properties and, by telling them that they would purchase their properties, paid advance amounts to them after entering into agreements for sale of their properties. The original and other supporting documents/title deeds were then collected from them, and they (sellers) were taken to the State Bank of India, ADB Branch, Alappuzha. The accused Nos.1 and 2, by abusing their official position as public servants, dishonestly obtained signature of the so-called sellers on mortgage loan documents under the pretext of opening accounts in their names and sanctioned 3 CC loans and 40 mortgaged loans amounting to Rs.4.33 crores. They, thereafter, without the knowledge of the sellers, disbursed the amount to accused Nos.3 and 4, who used it for their personal purpose. The accused No.5 prepared and made available valuation reports of the said properties showing exaggerated value. The above acts of the accused caused a wrongful loss to SBI to the tune of ? 4.33 crores and a corresponding wrongful gain to them.