ASHOK JAIN Vs. C.B.I.

JUDGEMENT

(1.) The applicant has sought his release on bail in CBI case No. 7 of 2012, under Sections 120B read with Section 419, 420, 468, 471 IPC and Section 13(2) r/w Section 13(1)(D) of the Prevention of Corruption Act, 1988, P.S. CBI SPE/ACB Dehradun, District Dehradun.

(2.) An FIR was lodged against several accused, including the present applicant, on 28.06.2012, for the offences punishable under Sections 120B r/w 419, 420, 468, 471 IPC alongwith Section 13(2) read with Section 13(1)(D) of the Prevention of Corruption Act, 1988. After the investigation, a chargesheet was submitted against them for the selfsame offences. Accused was not arrested during the investigation of the case, but failed to attend the Court on issuance of summons. He was arrested by CBI in pursuance of non-bailable warrant issued by the court.

(3.) Brief facts of the case are that on the basis of a written complaint of S.K. Rohilla, Dy. General Manager, Central Bank of India, Regional Office, Dehradun, the case RC0072012A0006 was registered on 28.06.2012 by the Central Bureau of Investigation, Branch Dehradun, under Sections 120B, 420, 489, 471 IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 against Romy Malhotra, Prempal, Ram Kumar, Ravinder Kumar, Ravinder Kumar Sharma, Ashok Jain (present applicant), P.K. Jain, the then Assistant Manager and D.K. Rathi, the then Branch Manager, Central Bank of India, Aryanagar, Dehradun. It is alleged in that complaint that Romy Malhotra applied for cash credit limit loan in the name of M/s. Sai Enterprises, in the month of august 2011. P.K. Jain, the then Assistant Manager, conducted a pre-inspection of site of unit, address, documents and property of borrower and recommended the loan. On 06.09.2011, a cash credit limit of Rs. 70 Lac was sanctioned by D.K. Rathi, the then Branch Manager. Romy Malhotra mortgaged Flat No. SH 21/315 located at New Moti Nagar, Delhi with the bank as a collateral Security in respect of the aforesaid Loan. Ashok Jain stood guarantor in this cash credit limit loan.