JEEVAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present bail petition filed under Section 439 of the Code of Criminal Procedure, prayer has been made on behalf of the bail petitioner for grant of regular bail in case FIR No. 23/2013, dated 5.2.2013, under Sections 420, 467, 468 471, 120-B, 197 and 198 of IPC, registered at police Station, Dharamshala, District Kangra, Himachal Pradesh.

(2.) Sequel to order dated 17.12.2019, SI Gandhi Ram has come present alongwith the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record fresh status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report reveals that on 5.2.2013 complainant namely, Naresh Kumar Chadda, Senior Manager of the Kangra Central Co-operative Bank Limited, Branch Kotwali Bazar, Dharamshala, District Kangra, H.P. lodged a complaint that present bail petitioner in connivance with other accused Krishan Lal and Om Prakash obtained loan to the tune of Rs. 4,00,000/- from the bank concerned on the basis of forged documents. Complainant alleged that since bail petitioner failed to repay the installments of loan availed by him, his loan account came to be categorized as a defaulter. He alleged that during the course of recovery proceedings, it transpired that loan was procured/sanctioned on the basis of forged documents i.e. jamabandi for the year, 1999-2000 of land comprised khata No. 2847/2598 situated in Up mohal, Tehsil Dharamshala, District Kangra, H.P. Complainant further alleged that loan was sanctioned in the name of fictitious person involving fictitious guarantors and witnesses and as such, appropriate action, in accordance with law be taken against the bail petitioner and other co-accused. In the aforesaid background, a case under Sections 120-B, 197, 198, 420, 468 and 471 of IPC came to be registered against the bail petitioner at police Station, Dharamshala, District Kangra, H.P. Record reveals that during the investigation bail petitioner absconded, whereas other co-accused namely Om Prakash and Krishan Lal were released on interim bail. On 18.1.2018, bail petitioner was declared as proclaimed offender. On 28.8.2018 police arrested the bail petitioner from Kathua, Jammu and Kashmir and since then he is behind the bars.