SURESH CHAND SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Having heard learned counsel for the parties and going through the contents of FIR, lodged by Branch Manager, Central Bank of India, Sailakui, District Dehradun, it transpires that there was an educational society known as 'All India Nilkanth Educational Society', who founded an educational institution namely Doon Dhruv Public School at Manduwala in District Dehradun. Persons named in the FIR occupied various offices in the society. Petitioner Suresh Chand Sharma, who holds an identity card adverting his position as lawyer at Delhi, was also in the Core Management Committee of the said Institution inter alia with other persons. That society acquired a loan of Rupees Eight Crore from Central Bank of India by playing fraud in connivance with office bearers of the society and official of the school. This loan was sanctioned on the basis of forged documents and later on, the entire loan amount was embezzled.

(2.) Learned Sr. Advocate for the petitioner has drawn attention of this Court towards the order dated 11.09.2012 passed by this Court on the bail application of co-accused Sanjay Kaushik but this Court could not gather any positive finding in favour of accused petitioner except that Sanjay Kaushik was released on bail.

(3.) Learned Sr. Counsel for the petitioner has contended that major part of the loan amount has now been repaid but this Court does not find any averment in the bail order to the conformity of said contention.