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2021 Supreme(MP) 48
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
VIVEK RUSIA, J.
Shobha Chandak - Appellant
Versus
Union of India - Respondent
M.Cr.C. No. 8046 of 2021
Decided On : 09-03-2021
Advocate Appeared:
For the Appellant : Akash Rathi, adv
For the Respondents: Ashutosh Sharma, adv
The main legal point established is that anticipatory bail may be granted in exceptional cases where the person accused of an offence is not likely to misuse their liberty, as supported by the provisions of Section 438 of the Criminal Procedure Code and relevant case law.
Headnote:
Anticipatory Bail - Criminal Law - Indian Penal Code, 1860, Section 120-B, 420, 471 - Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) - [120-B, 420, 471, 13(2), 13(1)(d)] - The court discussed the provisions of Section 438 of the Criminal Procedure Code, the power of anticipatory bail, and the exceptional cases where it may be granted. It also referenced the case law of Dataram Singh Vs. State of U.P. and State of Madhya Pradesh Vs. Pradeep Sharma to support the decision to grant anticipatory bail to the applicant, considering her age, profession, and lack of criminal past.
Fact of the Case:
The applicant sought anticipatory bail under Section 438 Cr.P.C. in a case involving offences punishable under Section 120-B, 420, 471 of the Indian Penal Code and Section 13(2), 13(1)(d) of the Prevention of Corruption Act, 1988. The allegations involved submission of a misleading report as an advocate of the bank and close association with the main borrower.
Finding of the Court:
The court found that the applicant, a 64-year-old practicing advocate with no criminal past, had given a search report in respect of the title of hypothecated property but had no other incriminating material against her in the entire charge-sheet. The court directed the applicant to appear before the court and apply for cancellation of the warrant and regular bail.
Issues: The issues involved the grant of anticipatory bail to the applicant, considering her role as an advocate and her association with the main borrower, and the allegations against her in the case.
Ratio Decidendi: The court considered the exceptional circumstances and the lack of incriminating material against the applicant in the charge-sheet, along with her age, profession, and lack of criminal past, to grant anticipatory bail.
Final Decision: The court disposed of the application, directing the applicant to appear before the court and apply for cancellation of the warrant and regular bail.
JUDGMENT :
Vivek Rusia, J.
Heard with the help of charge-sheet (Challan).
1. This is the first application filed under Section 438 Cr.P.C. seeking anticipatory bail by the applicant who is apprehending arrest in Crime No. RC0082018A0018/2018 registered at Police Station- C.B.I. District Bhopal concerning offences punishable under 120-B read with Section 420 and 471 of I.P.C. and Section 13 (2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988.
2. As per the prosecution story, the CBI ACB Bhopal has registered case No. RC0082018A0018 on 16.01.2018 under Section 120-B R/w Section 420, 467, 468, 471 of I.P.C. and Section 13(2) R/2 13(1) (d) of Prevention of Corruption Act, 1988 against (i) Dinesh Kumar (A-1), Chief Manager, PNB, Kanthal Branch Ujjain, (ii) Smt. Rakhi Prajapati (A-2), W/o Arpan Prajapti, Director of M/s. Varchas Coal & Minerals India Private Limited, Office Address: G-1, E-2/266, Arera Colony, Bhopal Business Address: Opposite Crompton Greaves, New Industrial Area, Main Road, Mandideep, (iii) Shri Abhijeet Singh (A-3), Director of Varchas Coal and Minerals India Private Limited), (iv) Shri Sanajy Gigam (A-4), Empanelled and approved Valuer, (v) Arpan Prajapati (A-5) (Guarnator), (vi) Satish Aheliya (A-6) (Guarantor) and Others on the basis of a complaint dated 16.01.2018 received from Shri Vijay Kumar Harit S/o. Shri R.S. Harit, Chief Manager, Asset Recovery Management Branch, Punjab National Bank, 20-Sneh Nagar, Indore M.P.
The investigation has revealed that Smt. Rakhi Prajapati (A-8) Prop. of M/s. Varchas Coal @ Minerals India Private Limited approached Punjab National Bank, Kanthal Branch, Ujjain (M.P.), applied for the loan in the form of a cash credit limit of Rs. 400 lakhs. The Primary Security offered was hypothecation of stocks i.e. coal, and coal products and Book debts and the collateral security were in the form of Equitable Mortgage of (i) diverted land at part of S.N. 142 (part), 143 (Part), Jamuniya Chhir, Tehsil Huzur, Distt. Bhopal and Land at S. No. 316/1, 317/2, 318/2, 319/2, 323/2 & 324 (old No. 317, 318, 319, 323 & 324-Part) in Patwari Halka No. 34, Gram Kolukhedi, Tehsil Huzur, District Bhopal in the name of Arpan Prajapati, S/o. Shri narendra Prajpati, R/o 63, Shubha House, Ujjain (ii) diverted land on part of S. No. 91, 92, 93, 94, Gram Jamuniya Cheer, Ph. No. 25/34, Vikaskhand Fanda, Tehsil Huzur, District Bhopal in the name of Satish Aheliya, (iii) diverted land at part of S.N. 142, 144 (part) Jamuniya Chhir, Patwari Halka No. 25/34, Gram Jamonia Chhir, Tehsil Huzur Distt. Bhopal and Land at S. No. 319, 322, 322, 323, 325, Patwari Halka No. 04, Gram Kolukhedi, Tehsil Huzur, Distt. Bhopal in the name of Smt. Rakhi Prajapati W/o Arpan Prajapati, R/o 63, Shubham House, Ujjain. Smt. Rakhi Prajapati, Abhijeet Singh, Arpan Prajapati and Satish Aheliya signed the agreement of Guarantee to pay to the Bank after demand in writing all principal, interest, cost, charges and expenses due and which may at any time become due to the Bank/from the borrower (s), on the accounts opened in respect of the said limits down to the date of payment and also all loss of damages, costs charges etc.
The market value of the mortgaged immovable property was estimated at Rs. 234.26 Lacs (DV) dt. 20.03.2013, Rs. 319.34 Lacs (DV) dated 20.03.2013 and Rs. 356.35 Lacs (DV) dated 20.03.2013 by as per valuation done by valuer Sanjay Nigam. The account was irregular since inception and turned NPA on 03.07.2015. The said NPA account was declared as a fraud on 02.08.2016 outstanding due in the said account as on 15.01.2018 was Rs. 4,20,88,817/- interest w.e.f. 01.07.2015 and other charges.
The allegation against the present applicant i.e. accused No. 10 is that, she being the empanelled Advocate of the PNB has submitted a special report of title all the three properties hypothecated by the Smt. Rakhi Prajapati as a primary security. In the report, she has certified that all the three properties were diverted by order
