The main legal point established in the judgment is the consideration of cooperation during investigation, submission of final form by the investigating agency, and absence of prior arrest in granting anticipatory bail.

JUDGMENT

Anant Bijay Singh, J. - 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)2015-EOW-R, 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 upto 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 proprietor 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 before the Deputy Commissioner, East Singhbhum, Jamshedpur for physical possession of the mortgaged property. Thereafter the Deputy Commissioner 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 mortgaged with the bank and thereafter Deputy Commissioner vide letter as contained in Memo 1115 (B) dated 27.08.2015 directed the bank to lodge an F.I.R against the person concerned.

4. It is further alleged that the bank also got an investigation conducted through their empannelled advocate with regard to mortgaged property and accordingly vide letters dated 13.11.2015 and 06.11.2015 reported that the mortgagor has not title over the property. On the basis of these allegations, the instant case has been lodged.

A.B.A. No. 1416 of 2017

5. Learned counsel for the petitioner has submitted that the petitioner Mr. Azaz Khan is innocent and he has committed no offence. The petitioner is a guarantor of the said loan amount being borrowed by the Principal borrower Mr. Shadab Khan, the proprietor of M/s. M.K. Engineering Works firm, he cannot be held responsible for any criminal liability. Further, it has been submitted that after completion of investigation C.B.I has submitted final form on 29.12.2016 under sections 120 (B), r/w 420, 467, 468, & 471 of the I.P.C and under sections 13(2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988. During course of investigation, the petitioner during course of investigation fully cooperated the C.B.I and he has appeared before the C.B.I and cognizance has been taken under the same sections, trial will take some time. The petitioner is aged about 60 years. So, considering all these facts, the petitioner deserves privilege of anticipatory bail.

6. On the other hand learned standing counsel for the C.B.I opposes the prayer for anticipatory bail and submitted that during course of investigation, C.B.I has collected material that the petitioner Azaz Khan in compliance of sanction conditions, submitted and affidavit sworn before the Notary, Shri Dinesh Narayan Singh of District Court, Ja