POLICE INSPECTOR Vs. LAXMAN

JUDGEMENT

(1.) Revision Petition filed by Central Bureau of Investigation (CBI), Anti Corruption Branch (ACB), Pune, takes exception to order dtd. 13/7/2017 passed by Addl. Sessions Jude-5, Aurangabad on Application Exhibits 229 and 233 in Special Case No. 24 of 2008, by which the present respondent (original accused No.2) came to be discharged from offence under Ss. 120B, 420, 468, 471 of Indian Penal Code (for short 'IPC) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act.

(2.) Learned Counsel for the Revision Petitioner Shri. Panale would apprise this Court about the factual background of the case, i.e. present Respondents working as Manager (Credit) and Branch Manager, Central Bank of India respectively. He pointed out that report was received from one Regional Manager of Central Bank of India, namely, Shri. S. N. Basak regarding present respondents and five others conspired have used bogus bills for availing loan and credit facility in the name of unregistered firms by tendering bogus collateral security by way of mortgage and thereby cheated Central Bank India to the tune of Rs.1.5 crores.

(3.) He pointed out that on receipt of report to the above extent thorough inquiry was immediately made and on due satisfaction matter was reported to CBI, ACB office Pune. That therefore, after thorough investigation, it was revealed that after hatching conspiracy, bank officials and private persons named in the report availed loan and credit facility on the strength of forged fabricated and bogus documents. That statements of bank officials, Sales Tax Department and other departments were recorded and on due satisfaction, finding sufficient material against the accused persons, they were duly charge-sheeted. That there was a case for accused persons to face trial, however, application for discharge came to be allowed by improperly appreciating the case advanced by the prosecution.