SUDHIR KUMAR KAD Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is the first application under Section 439 Cr.P.C. by the applicant - Sudhir Kumar Kad S/o. Keval Krishna Kad, who is in custody since 24.2.2020 in Crime No.RC-0082018A0017/2018, registered by the Police Station CBI, SPE, ACB, Bhopal concerning offence punishebale under Section 13(2) / 13(1)(d) of Prevention of Corruption Act and u/s. 420, 471 & 120-B of the IPC .

(2.) Heard the learned counsel for the parties and perused the case diary.

(3.) As per prosecution story, CBI, SPE, ACB, Bhopal registered the FIR on 16.1.2018 against Avnish Kaushik, the then Chief Manager, Punjab National Bank (PNB), Kanthal Branch, Ujjain; Smt. Varsha Prajapati W/o. Suresh Prajapati ; present applicant - Sudhir Kumar Kad; and other Bank employees for the offence punishable u/s. 120-B r/w. Section 420 , 467 , 468 and 471 of the IPC and u/s. 13(2) r/w. Section 13(1)(d) of Prevention of Corruption Act based on complaint dated 16.1.2018 lodged by Vijay Kumar Harit, Chief Manager, PNB, Asset Recovery Management, Branch Indore. As per the contents of the said FIR is that the borrower - Smt. Varsha Prajapati W/o. Suresh Prajapati and guarantor - Narendra Prajapati and others conspired with Avnish Kaushik, the then Chief Manager, PNB and other Bank employees of PNB including the present petitioner in furtherance of criminal conspiracy cheated the Bank in order to secure a loan of Rs.380.00 Lakhs to M/s. Urvashi Enterprises. The account was declared NPA on 3.7.2015. After completing the investigation, CBI has filed the final report against the present applicant and 16 others for the offence punishable u/s. 13(2)/13(1)(d) of Prevention of Corruption Act and u/s. 420, 471 & 120-B of the IPC .