SUSANTA KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who allegedly involved with the offence under Sections 167/467/468/471/406/409/420/120-B of the Indian Penal Code pending in the Court of the learned S.D.J.M., Baripada corresponding to G.R. Case No.1239 of 2014, has filed this application for bail.

(2.) The factual matrix leading to the case of the prosecution is that the Bank of India, SIPS Campus Branch lodged the FIR stating therein that there was one "JALANIDHI" Scheme (hereinafter called "the Scheme") duly mooted by the State Government in the Department of Agriculture for installation of the bore-well on the loan granted to the beneficiaries. It is the further case of the prosecution that one co-accused Bangali Charan Jena, who is the proprietor of M/s.Oriental Machinery Supplier (Udala) and the said supplier firm was authorised to supply the bore-well to the beneficiaries on being recommended by the Assistant Agriculture Officer. The beneficiaries would be given loan with 50% subsidy duly sanctioned by the State Government. The prosecution alleged that the present petitioner and his father have submitted 131 applications of the beneficiaries with forged recommendation of the Assistant Agriculture Officer and in connivance with the concerned bank officer, the loan was sanctioned in favour of the beneficiaries without 50% subsidy being accounted to the respective accounts of the beneficiaries and the entire amount of Rs.1,31,00,000.00 (rupees one crore thirty-one lakh) of 131 beneficiaries have been credited to the account of said supplier firm of which the proprietor is the co-accused Bangali Charan Jena between the period from 8.5.2012 to 26.3.2013 and out of such amount, Rs.99,00,000.00 (rupees ninety-nine lakh) have been transferred to the account of the present petitioner on different dates. In the FIR, the bank has alleged that the co-accused Girija Shankar Mishra and Satarupa Mohanty, who are bank officers being in conspiracy with the present petitioner and his father have caused huge loss to the bank and the State Government and the bank has already taken disciplinary action against the bank officials.

(3.) During investigation, the Investigating Officer found the Assistant Agriculture Officer has authorised the names of 18 beneficiaries but the present petitioner and his father have submitted false and forged applications of rest of the beneficiaries in connivance with the then co-accused Branch Manager G.S.Mishra and all the accused persons having made conspiracy, got the loan sanctioned and the amount of Rs.1,00,000.00 (rupees one lakh) each of 131 beneficiaries were credited to the account of the supplier of which the proprietor is the co-accused Bangali Charan Jena, who happens to be the father of the present petitioner. Most of the beneficiaries have not been supplied with any pump set under the Scheme and some having been supplied with defective pump set by firm of the present petitioner and his father. So, the prosecution has found that due to conspiracy between the present petitioner and his father and the co-accused bank official, they are able to cheat the beneficiaries and misappropriated the entire amount of Rs.1.31 crore. The prosecution, during investigations, further found that the signature and the seal of the Assistant Agriculture Officer and the bank official have been forged as per the opinion of hand writing expert and the statements of the witnesses also do not disclose about the loan being sanctioned on their approach and they have not received any subsidy under the Scheme. Thus, the prosecution alleged about misappropriation of Rs.99.00 lakhs by the present petitioner, as out of Rs.1.31 crores being transferred to his account which is without any sort of approval under the Scheme. The Economic Wing of the Crime Branch took up investigation and after investigation submitted charge-sheet under Sections 167/467/468/471/406/409/420/120-B of the Indian Penal Code.