PITAMBAR SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners Pitambar Sahoo, Saroj Kumar Prusty, Debasis Hazra and Lalit Kumar Soni in the above bail applications have approached this Court for bail under sec. 439 of Code of Criminal Procedure in connection with Mangalabag P.S. Case No.297 of 2020 corresponding to G.R. Case No.1504 of 2020 pending in the Court of learned J.M.F.C. (City), Cuttack in which charge sheet has been submitted against the petitioners on 14/5/2021 for the offences under Sec. 419, 420, 411, 406, 409, 467, 468, 471, 379 read with sec. 120-B of the Indian Penal Code keeping the investigation open under sec. 173(8) of Cr.P.C.

(2.) The factual matrix of the case at hand, is that one Samir Debnath, the Area Head of Link Road area of M/s. Manappuram Finance Ltd., Cuttack Division (hereafter in short 'Manappuram') lodged the first information report before the Inspector in-charge, Mangalabag police station against twenty four accused persons including the four petitioners stating therein that Manappuram used to lend money against pledged gold ornaments through its branches. Accused nos.1 to 20 were the customers of Manappuram and accused nos.21 to 24 were the previous employees of Manappuram. The Branch Head/Assistant Branch Head was the custodian and authorized to sanction the loans against the pledging of gold basing on the purity of the gold after verification of KYC of the customers. It is further stated in the F.I.R. that the Inspector in- charge of Lalbag Police Station came to Manappuram on 25/11/2020 and seized 6714.3 grams of gold ornaments from the Bajrakabati Branch of Manappuram on the accusation that those ornaments were involved in Lalbag P.S. Case No. 294 of 2020. During course of investigation of the said case, which was under sec. 395 of the Indian Penal Code and Sec. 25 and 27 of the Arms Act, basing on the statements of the customers/accused, the ornaments were seized. In the said case, the police had already seized gold from the pledged accounts belonging to accused nos. 1 to 20 as they had taken gold loan by pledging theft gold ornaments and that they had stolen away gold ornaments from 2018 gradually on various dates and fraudulently they availed gold loans from Manappuram. During enquiry by police officials, the accused nos. 1 to 20 confessed that they had pledged those stolen gold ornaments in Manappuram to avail loans.

(3.) During course of investigation, it was found that Manappuram used to lend money against gold through its branches. At the time of pledging of the gold ornaments, Manappuram collected a declaration from each and every customer that the gold ornaments pledged are his/her absolute property and no other person is having any right, title, claim or interest over the gold ornaments and he has absolute right to pledge them. The customers accepted all the terms and conditions of the gold loan of Manappuram and a demand promissory note (undertaking) issued to the customers taking their signatures on the same as a part of the loan documentation. Manappuram received the pledges for the loan advanced. Accordingly, the accused persons, namely, (1) Lalit Kumar Soni (petitioner in BLAPL No. 3189 of 2021),(2) Golap Sahoo, (3) Pravat Kumar Nayak, (4) Rajkishore Sahoo, (5) Lipun Behera, (6) Suman Mandal, (7) Bapuni Nayak, (8) Prakash Chandra Sahu, (9) Basanta Behera, (10) Hemalata Mohanty, (11) Prakash Kumar Sahoo, (12) Kabita Mantry, (13) Kartika Chandra Patra, (14) Dasarathi Sahoo, (15) Anil Kumar Nayak, (16) Padmini Behera, (17) Nilamani Saha, (18) Debasis Hazra (petitioner in BLAPL No. 3287 of 2021), (19) Saroj Kumar Prusty (petitioner in BLAPL No. 1811 of 2021) and (20) Nityananda Sahoo availed gold loan by depositing pledged gold ornaments for security of their loan with all the terms and conditions of Manappuram. On 25/11/2020, the Inspector in-charge of Lalbag Police Station came to the branch office of Manapuram and seized 6714.3 gram of gold ornaments from the branch stating that the said gold is involved in Lalbag P.S. Case No.294 of 2020 under sec. 395 of the Indian Penal Code read with Sec. 25/27 of the Arms Act. During investigation of the above case of Lalbag police station, it was established that the police had already seized gold from the pledged accounts of above accused persons and they had taken gold loan by pledging theft gold ornaments and gradually from 2018 on various dates, they availed gold loans from Manappuram in fraudulent manner by pledging those stolen gold ornaments as security. During availing of gold loan, they submitted KYC (Know Your customer), documents i.e. Adhar Card/PAN Card/Votor ID Card/Ration Card/Driving License as per RBI guidelines. It was further revealed that though Manappuram was not allowing to create an ID without the photograph of the customer, but the above accused persons nos.1 to 20 being colluded with staff/Ex- staff of the Manappuram, namely, (1) Silu Mantry, (2) Gitanjali Behera, (3) Lala Ranjan Ray, (4) Pitambar Sahoo (petitioner in BLAPL No. 1887 of 2021) all are of B.K. Road branch, Cuttack created Customer ID without following the guidelines of company for their wrongful gain and thereby causing wrongful loss of Rs.2,13,24,884.00 to Manappuram.