Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cases.

JUDGMENT :

Petitioners, in all the aforesaid petitions, have approached this Court for grant of anticipatory bail, under Section 438 of the Code of Criminal Procedure (for short ‘Cr.PC), in case FIR No.23 of 2021, dated 3.3.2021, registered under Sections 420, 467, 468 & 471 of the Indian Penal Code (for short ‘IPC’), in Police Station East, Shimla.

2. Status Report stands filed, wherein it is stated that Shri Navin Kumar Patial, Branch Manager of State Bank of India, Panthaghati (Shimla), presented an application/to the police, stating therein that on 8.12.2015, petitioners Jitender Verma and Sanjeev Kumar approached State Bank of Bikaner and Jaipur (now after merger, State Bank of India) and made a request for grant of Home Loan of Rs.15,00,000/- for purchase of property, and that request of these petitioners was considered by the Bank and the Bank agreed to grant Home Loan on the terms and conditions as stipulated in the Sanction Letter. Thereafter, in order to secure the loan, these petitioners mortgaged their property and deposited original title document, i.e. Sale Deed, registered vide registration No.2698, vide which equitable mortgage has been created, and the bank sanctioned the land and asked these two petitioners to execute registered mortgage deed also, on which they deposited mortgage deed registered vide registration No.8890. When bank official visited the property, he found that the borrowers had sold all the flats in the property and same was confirmed by the Bank’s Empanelled Advocate in his title investigation report that said sale deed was not found registered with sub Registrar, Shimla.

3. It is stated in the Status Report that the aforesaid two petitioners had also approached the aforesaid Bank, on 15.6.2015, and made a request/applied for grant of Home Loan of Rs.20,00,000/- for completion/finishing of semi-finished house, which was sanctioned on the terms and conditions mentioned in the Sanction Letter, and for the purpose supplied and deposited mortgage deed registered in the office of Sub Registrar Theog, vide Registration No.479, but, on inquiry, the said mortgage deed was found to be forged and fabricated document.

4. It has been stated that petitioner Sanjay, in connivance with petitioners Jitender Verma and Sanjeev Kumar, on 28.12.2016, approached the aforesaid bank for grant of loan of Rs.20,00,000/- for purchase of entire RCC frame structure of Ground Floor and Parking Floor of under construction building, which was sanctioned on the terms and conditions mentioned in the Sanction Letter, and for the purpose petitioner Sanjay deposited original sale deed with the bank, i.e. Sale Deed registered in the Office of Sub Registrar Shimla, vide registration No.2580 and also deposited Mortgage Deed registered in the Office of Sub Registrar Shimla vide Registration No.1625, but, on inquiry, it was found that the property mentioned in the deeds was not in the name of the borrower and it was also confirmed on inquiry from office of Patwari.

5. It is further stated in the Status Report that petitioner Pankaj also, in connivance with petitioners Jitender Verma and Sanjeev Kumar, approached the aforesaid Bank on 23.2.2017 and applied for grant of loan of Rs.20,00,000/- for purchase of semi-finished flat, which was sanctioned on the terms and conditions mentioned in the Sanction Letter, and for the purpose petitioner Pankaj deposited original Sale Deed, i.e. Sale Deed registered in the office of Sub Registrar Shimla, vide registration No.146 and thereafter also deposited Mortgage Deed, registered in the office of Sub Registrar Shimla, vide registration No.1676, but, on inquiry by the Empanelled Advocate of the Bank, it was found that neither the Sale Deed belonged to petitioner Pankaj nor the Mortgage Deed was in existence.

6. It is also in the Status Report that petitioner Sanjeev Kumar had also approached the aforesaid Bank on 20.9.2016, for grant of Home Loan of Rs.20,00,000/-, which was sanctioned on the terms an