NAVNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The application is filed for bail. Both the sides are heard.

(2.) This Court has gone through the papers of investigation. The crime is registered on the basis of report given by Loan Inspector of District Bank. Applicant No. 1 was working as Chairman and applicant No. 2 was working as Secretary of Seva Sahakari Society, Hingni (Bk). Allegations are made that by making false record and by showing that some persons were having agricultural land, loan proposals were made through the branch of District Bank and loan amount of more than Rs. one Crore was got sanctioned. Most of the amount was not repaid. It was noticed that as many as 359 persons were not holding agriculture land, but they were shown as farmers and the amount was disbursed. There is the allegation that many persons had never applied for loan, but record of their application was created as loan was obtained in their names. Some statements of that nature are recorded. It appears that some persons have repaid the loan, but still the amount of Rs. 77.80 lakh is to be recovered in respect of the aforesaid transaction. As some record is in respect of amount withdrawn in false and fictitious names, there is no possibility of recovery of any amount in respect of those cases. Though some statements are recorded, at present it is mentioned that the amount of Rs. 98028/- cannot be recovered in view of the some false record, there is possibility that there are more such persons.

(3.) The applicants are behind bars since 2.8.2013. As the record shows that most of the persons are traced, though the false record of 7/12 extract was created for giving them loan, this Court holds that subject to some conditions, bail can be granted to the applicants. There is no possibility of their absconding. If the employer wants separate action can be taken for recovery of the amount in respect of which loss is caused due to the conduct of the applicants.