Bank Has Means To Recover: Punjab & Haryana High Court While Granting Bail To Manager Accused Of Disbursing Loan On Forged Docs

Considering that the Bank has other alternate remedies to recover the loan amount from the accused persons, the Punjab & Haryana High Court has granted bail to a Bank Manager booked for disbursing loan on forged documents.

Justice Kuldeep Tiwari observed, "...considering the fact that the Bank has other alternate remedies/mechanisms to recover the loan amount from the accused persons, as also the fact that grant of bail to the petitioner will neither cause any impediment nor will curtail the right of the Bank to take such legal recourse, as it deems fit for recovery of loan amount, the present petition is allowed."

The bench was hearing a plea filed by one Anil Kumar under Section 439 of the CrPC, who was booked under Sections 419, 420, 467, 468 and 471 of the IPC.

It was alleged that two men by creating forged documents of the revenue record, obtained loan of Rs.17,00,000 under Kisan Credit Card Scheme. It was stated they had already obtained loan from different banks on the land in question, which was mortgaged to the complainant-bank.

The petitioner was the Bank Manager at the relevant time and had disbursed the loan amount.

The counsel for the petitioner contended that he has been falsely implicated in this case, as he does not have any role in the alleged forgery, rather he had only discharged his duties as a prudent person. 

Considering the submissions, the Court said the right to a speedy trial is one of the rights of a detained person. However, while deciding application for regular bail, the Courts shall also take into consideration the fundamental precept of criminal jurisprudence, which is “the presumption of innocence”, besides the gravity of offences involved.

Reliance was also place upon Siddharam Satlingappa Mhetre v. State of Maharashtra, [Criminal Appeal No.2271 of 2010], wherein the Supreme Court has insisted upon striking "a perfect balance of sanctity of an individual’s liberty as well as the interest of the society, in grant or refusing bail."

Adding that the trial is at "very initial stage" and "the entire evidence is based on documents", the bench said, "the petitioner is behind the bars since 06.02.2023 and he has already deposited fifty percent of the borrowed amount with the complainant-bank. Moreover, considering the fact that the Bank has other alternate remedies/mechanisms to recover the loan amount from the accused persons, as also the fact that grant of bail to the petitioner will neither cause any impediment nor will curtail the right of the Bank to take such legal recourse, as it deems fit for recovery of loan amount, the present petition is allowed."

 In the light of the above the Court granted the relief.

Appearance: Ashit Malik, Advocate for the petitioner.

Chetan Sharma, DAG, Haryana.

Citation: 2023 LiveLaw (PH) 246

Case Title: Anil Kumar v. State of Haryana

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