DARSHAN ANANDRAO MORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP Mrs. Manisha L. Shah waives service of notice of Rule for the respondent - - State.

(2.) THIS application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as I -C.R. No.19/2011 with Jalalpore Police Station, Navsari for the offences punishable under Sections 465, 466, 467, 468, 471, 474, 475, 419, 255, 260 and 120(B) of the Indian Penal Code.

(3.) LEARNED Counsel for the applicant submits that the applicant has service record of 24 years with the Bank and he is on the verge of retirement. The allegations levelled against the applicant are of sanctioning and disbursing the loan amount on the basis of preliminary opinion of the Agricultural Field Officer and opinion of the panel advocate about title clearance of the land in question. It is further submitted that so far as duty list of the applicant as a bank officer, he has taken a bonafide decision and no allegation is levelled with regard to receipt of money and even no departmental action is taken by the Bank. For the sake of argument without admitting anything, at the most, it may be a case of negligence or bonafide mistake on the part of the applicant in performance of his duty as a Bank Officer. It is further submitted that the applicant has roots in the society, will not flee from justice and will co -operate with the investigation as and when called for and hence, the applicant may be granted anticipatory bail.