SHIV DUTT SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner is apprehending his arrest in connection with R.C. No. 01(A) of 2013-EOW-R, registered under Sections 120B / 420 of the I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, lodged on the basis of one written report given by Prakash Chandra Garnayak, Deputy General Manager, Zonal Office, Allahabad Bank, Deoghar addressed to Superintendent of Police, CBI, Economic Offence Wing dated 25.04.2013 alleging that the informant is duly authorized by the bank to file this complaint pertaining to the fraud committed by diversion / siphoning of Bank's funds during disbursement / utilization of credit facilities through Deoghar branch in favour of M/s Maa Lalita Hospital & Research Centre Pvt. Ltd. at the behest of and for the benefit of Shiv Dutt Sharma and Sabina Kumari, both Directors of M/s Maa Lalita Hospital & Research Centre Pvt. Ltd., resulting in liability of Rs. 16,44,49,466/- to the bank exclusive of interest.

(2.) Heard learned counsel for the petitioner, learned counsel for the CBI and learned counsel for the Allahabad Bank.

(3.) Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case on the basis of false and concocted story. After investigation, final form has been submitted against the petitioner and coaccused Sabina Kumari and Mahendra Choudhary under Section 120B read with Section 420 of the I.P.C., exonerating the bank officials, namely Kamlesh Chandra Mishra, Babulal Saha, Rajendra Kumar Byhojal and Deepak Kumar Jha.