VIJAY VINUBHAI FINAVIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11210055211881 of 2021 registered with Salabatpura Police Station, Dist. Surat for offences punishable under Sec. 406 , 409 , 420 , 465 , 467 , 468 , 471 and 34 of IPC.

(2.) The complainant is Assistant Manager of the Tamilnad Mercantile Bank and as per the complaint the erstwhile Bank Manager - Sunder Rajendran Sumbiya along with co-accused, Punit Nanjibhai Vyas and Nileshbhai Natubhai Narigara, who were working as Bank Loan Consultants, with the criminal conspiracy along with accused nos.1 to 17, had produced the documents for machinery term loan and for working capitals. Accused nos.1, 2 and 4 had produced false bills and quotations of machines supplies of Heer Enterprise, and on that basis on the Bank Accounts of the firms, by false bank statements and knowing the quotations and statements to be false, had undertaken bank loan procedures. The bank loan consultant along with the erstwhile Bank Manager had processed the loans for accused nos.1 to 17 and taken bank loan in the name of accused no.5 - Nareshbhai Dhirubhai Thumar and had used the same for their own personal use.

(3.) Mr. Pranav Trivedi, learned Additional Public Prosecutor assisted by Ms. Himani Kini, advocate for the complainant relying on the various statements of the witnesses, which includes Laxminarayan, who is the employee of Nileshbhai Narigra, Mayankkumar Naranbhai Mehta - the office of boy of Punitbhai Vyas, Ayush Dilipbhai Nakhera - a builder, Purshottam Finwiya - the uncle of the applicant, Dipak Vekariya - friend of the applicant, Vinubhai Kanjibhai Hirjibhai Finaviya - father of the applicant and Sanjaybhai Prufulbhai Kothia, who is having a factory and was earlier a partner in Hanumant Hemro, submitted that the present applicant along with both the loan consultants had procured loan in the name of all his family members and friends and even employees of the tax consultants and systematically planned to dupe the bank with huge amount of loans.