SAHENDRASINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application filed under Sec. 439 of the Code of Criminal Procedure, the applicant, seeks regular bail in connection with FIR being C.R. No. 11202008210428 of 2021 registered with City "A" Division Police Station, Jamnagar, for the offences punishable under Ss. 120B , 406 , 408 , 409 , 465 , 466 , 467 , 468 , 471 and 114 of IPC.

(2.) Brief facts giving rise to file present application is that, the Gujarat State Cooperative Agricultural and Rural Development Bank, established under cooperative sector, is dealing with farmers issues, more particularly, bank is sanctioning financial aid in the form of farming loan so as to enable the farmers to take seasonal crops and they can purchase necessary instruments for farming. The bank has its branches in all districts. The present applicant Sahendrasinh Zala was recruited as a Clerk and lastly, he was promoted as Branch Manager. The accused no. 1 - Deepak Bhatt, was originally recruited in the cadre of Clerk and was retired in the year 2015 and was reemployed on contract basis for a period of 3 months i.e. 1/4/2018 to 30/6/2018. It is alleged in the FIR that, during the year 2014-2020, the accused have defrauded the bank and misappropriated the huge amount to the tune of Rs.2.00 crore and more. It is alleged that, in connivance with each other, did not perform their duties properly as a bank employee and misused their powers for personal gains. It is further alleged in the FIR that, accused no.1 was used to forge receipts and No Due Certificates and other related documents in favour of farmers loanee and accepted the installments as well as loan amount and failed to given a credit in the farmers' accounts. It is further alleged that, they have also signed necessary certificates to release the mortgaged properties of the farmers. So far present applicant is concerned, it is alleged that, without any authority, he engaged the service of accused no.1 and permitted him to issue money receipts and other documents and misused the security cheques given by account holders for taking the amount of repayment of loan and used the same for personal use instead of depositing the same with the bank.

(3.) In the aforesaid facts, the branch manager of the bank lodged an FIR inter-alia alleging that being a bank employee, the accused have committed the offence of cheating, criminal breach of trust and act of forgery by making false documents for the purpose of cheating and allegedly used them as genuine documents.