SARVJEET MALHOTRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 20 of 2012 dated 30.1.2012 registered at Police Station, Sadar, District Mandi, under Sections 420, 467, 468 and 471 IPC. It has been stated that allegations against the petitioner are that he had procured loan facility from the Bank of Baroda, Mandi in the sum of Rs. 2,50,000/ - and while procuring the loan, he had filed as per requirement of the bank one affidavit wherein he mentioned that he has not procured loan from any other financial institution. It has been alleged that petitioner had availed loan from the Life Insurance Corporation of India. It has been submitted that the petitioner is innocent, he has committed no offence. The petitioner has been implicated in the case at the instance of influential persons. There is no legal evidence available on record for connecting the petitioner with the commission of alleged offence. The petitioner never filed any affidavit. The loan was sanctioned in the year 2006 and the alleged affidavit has been filed in the year 2007. The bank people had procured some false document by tampering the signatures of the petitioner.

(2.) THE petitioner is co -operating in the investigation. It has been stated that similar type of case was also reported to the Police of Police Station, Mandi. The petitioner filed anticipatory bail application before the learned Sessions Judge, Mandi which was transferred to the learned Presiding Officer, Fast Track Court, Mandi. On 31.5.2011 a statement was made by the learned Public Prosecutor that no case had been registered. The case has been registered to pressurize the petitioner to deposit the loan amount prior to its time. The petitioner had filed bail application which has been dismissed by the learned Sessions Judge, Mandi on 1.2.2012. The prayer has been made for releasing the petitioner on bail.

(3.) IT has been stated that it has come in the investigation that Sarvjeet Malhotra and his father Gulshan Malhotra had obtained a loan of Rs. 6,50,000/ - from Life Insurance Corporation Housing Finance Ltd. Branch Mandi and thereafter Sarvjeet Malhotra had obtained a sum of Rs. 2,50,000/ - on the same land from the Bank of Baroda, Mandi and on the basis of false affidavit obtained further loan of Rs. 3,00,000/ -from the Bank. It has been stated that petitioner has committed serious offence. The prayer has been made for rejection of the bail application.