BHAGIRATHSINH RANJITSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these applications, the applicants are seeking anticipatory bail in case of their arrest in respect of offence being registered as C.R.No.11189001220073 of 2022 with Halwad Police Station, Dist.Morbi for offences punishable under Ss. 406, 409, 465, 468, 471, 420 and 120(B) of the Indian Penal Code.

(2.) As per FIR registered against seven persons, though the applicant of Criminal Miscellaneous Application No.9833 of 2022 viz. Bhagirathsinh Ranjitsinh Rathod is not named in the FIR, the Bank Manager - Jitendrakumar Sugrivprasadsinh has stated in the FIR that one Jagdishbhai Mansukhlal Thakkar owner of Plot No.167, Sahjanand Township, applied for construction loan to the tune of Rs.22.00 Lakhs in SBI Bank Halwad Branch pursuant to which first installment of Rs.15.00 Lakhs was deposited in the bank account of the applicant. Thereafter another installment of Rs.7.00 Lakhs was disbursed on the basis of completion certificate issued by Halwad Municipality through its Chief Officer and by Shilp Nirman Consultant and their own Filed Officer Mitesh Kadia, who has approved the aforesaid loan. As the applicant of the loan committed default in repaying the loan and the property was declared as NPA, on inquiry it was found that there are some other owners of the plots who having connivance with the Filed Officer of the Bank viz. Mitesh Kadia have submitted false approval certificate and got disbursement of the loan. In all seven instances were noticed by the Bank Manager where without putting up construction loan facilities were availed.

(3.) Learned advocates Mr.Dagli and Ms.Pahwa submitted that their respective clients i.e. applicants of Criminal Miscellaneous Application No.9833 of 2022 and Criminal Miscellaneous Application No.11680 of 2022 are the valuers. According to learned advocates Mr.Dagli and Ms.Pahwa, as per guidelines issued by the Bank, the property is required to be identified by the Bank Officer and duty of the valuer is only to carry out the valuation of the property, which is shown to them by the Bank Officers and, therefore, whatever property was shown to the applicants by the Bank Officer, they have carried out valuation of that property in bona fide manner and if the bank officers have shown them wrong property, which is in the instant case, the property on the other side of the road which was half constructed property, considering their bona fide action, they are required to be granted anticipatory bail.