RAMANJEET KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Apprehending her arrest the accused-applicant has moved this second application for grant of anticipatory bail under Section 438 Cr.P.C. in respect of FIR No.253/2012 registered at Police Station Rampura Kotwali, Kota for the offences under Sections 420, 467, 468, 471 read with Section 120-B IPC. The allegation against the applicant and co-accused is that they in pursuance of their conspiracy by using forged document obtained huge amount of loan from the complainant-bank. The first application filed by the applicant was dismissed by this Court vide order dated 28.1.2013.

(2.) In support of this application, learned counsel for the applicant has raised the following grounds:-

(3.) On the other hand, learned Public Prosecutor submitted that there is no substantial change in the facts and circumstances of the case after dismissal of the first application filed by the applicant and on the other hand she is avoiding her arrest and no interrogation has been made from her as she is not available at a place where her presence is normally expected. It is an admitted fact that the applicant and her husband co-accused-Shri Sandeep Singh jointly applied to obtain loan from the complainant-bank and a forged document dated 18.10.2011 was produced before the bank and on that basis huge amount of Rs.2,00,60,000/- was sanctioned and paid to them. The applicant cannot escape from her criminal liability merely by saying that no active participation has been attributed to her in preparation of the aforesaid document or the document was presented before the bank by her husband co-accused-Shri Sandeep Singh alone. When on a joint application filed by the applicant and her husband, an amount of loan has been sanctioned by the bank, the applicant is equally liable if the same has been sanctioned on the basis of a forged document. A person can be held liable for criminal conspiracy even on the basis of surrounding circumstances.