AZAZ KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since All The Anticipatory Bail Applications Arise Out Of One And The Same case hence they are taken up together and disposed of by common order.

(2.) The Petitioners Are Apprehending Their Arrest In Connection With R.C. Case No. 8(S)2015EOWR, for the offence initially registered under sections 120 (B), r/w 420, 467, 468, & 471 of the I.P.C on the basis of complaint lodged by Sri R.J. Shankara, Zonal Manager, UCO Bank, Zonal Office Sainik Bazar, Main Road, Ranchi alleging therein that he is authorized by the Bank to lodge present complaint against the borrower namely Sri Mohd Shadab Khan, proprietor of M/s M.K. Engineering Work, guarantors Namely Sri Mohd Azaz Khan (A.B.A. No.1416 of 2017) and Sri Mohd Shahid Khan who have conspired to each other and got the loan sanctioned from Jamshedpur Main Branch by depositing the fake and forged title deeds at the time of sanction of loan.

(3.) It Is Further Alleged That In Furtherance Of The Said Criminal Conspiracy Sri Mohd Shadab Khan got cash credit limit sanction of the tune of rs. 50,00,000/- on dated 20/21.03.2017 and subsequently enhanced upto Rs. 6,00,000,00/-. Similarly he also got sanction of Tem Loan of Rs. 87,00,000/- on 20/21.03.2017 and subsequently enhanced upt Rs. 80,34,7000/- on dated 28.12.2012. Mohd Azas Khan (guarantor) offered the bank to mortgage his land as collateral security details of which has been given in the written report. It is further alleged that Mohd Sahid Khan, who is brother and priprieotr of another firm M/s Temcon, since the borrower has committed default of loan amount CTL +CC as such the account was declared as N.P.A on 02.11.2013. Thereafter bank initiated proceedings under SARFAESI Act, 2002 and moved an application under section 14(1) of the SARFAESI Act befrore the Deputy Commissioner, East Singhbhum, Jamshedpur for physical possession of the mortgaged property. Thereafter the Deputy Comissioner got an enquiry conducted with respect to the mortgaged property from Circle Officer, Jamshedpur, who accordingly submitted his report stating that by committing forgery the land has been mortgaed with the bank and thereafter Deputy Commissiioner vide letter as contained in Memo 1115 (B) dated 27.08.2015 directed the bank to lodge an F.I.R agaisnt the person concerned.