MAHESH CHANDRA PATHAK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. S. Piprawall, learned counsel appearing for the petitioner and Mr. K.P. Deo, learned APP for the CBI.

(2.) The petitioner is apprehending his arrest in connection with R.C. Case No. 4(A)/2013(D) registered for the offences punishable under Sections 120(B), 420, 468 and 471 of the Penal Code read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) An FIR was instituted in which it was alleged that the petitioner being the then Chief Manager-cum-Branch Manager of Syndicate Bank, Dhanbad has recommended the proposal of M/s. Leonis Pharmaceuticals Pvt. Ltd. without exercising due diligence/in depth credit appraisals of the said project/pre-sanction inspection/not obtaining required Bank statement and search report for study of company profile/without mentioning previous sanction or disbursement of housing loans to co-accused persons and in pursuance thereof and in violation of the terms and conditions of the sanction to M/s. Leonis Pharmaceuticals Pvt. Ltd. released proceeds of term loan of total Rs. 176 lacs without conducting inspection of the unit before releasing the term loan and without verifying the fact of raising long terms funds of Rs. 134.87 lacs from the Company’s Bank Account statement and also did not ensure he terms and conditions of the sanction by the Directors of the Company. Further allegation has been made that the petitioner did not get the project report prepared by the Chartered Accountant approved by technically competent person and the unit before realising the term loan the unit was neither inspected not it was verified as to whether the term loan was properly utilised by the unit. After conducting investigation, charge-sheet was submitted against the petitioner and the other accused persons.