IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 28545 OF 2008
DATE OF DECISION 6.2.2009
Ashwani Kumar Gupta
......PETITIONER
VERSUS
State of Haryana
......RESPONDENTS
PRESENT: Mr. DD Sharma, Advocate
Mr. Rattan Brar, AAG, Hry
M.M.S.BEDI,J.
The petitioner is a senior officer of the bank. He is alleged to
have sanctioned loan in favour of Dr.Sandeep Sharma on the basis of
forged documents pertaining to the ownership of the flat.
Learned counsel for the petitioner submits that on the basis of
various documents i.e proof of residence, income tax returns, clearance
report filed by the Advocate of Bank and evaluation report etc. the
petitioner had granted sanction for the release of the loan.
It will be a debatable point during trial whether it is a case of
mere negligence on the part of the petitioner or a case of criminal liability
on account of the conduct of the other officials of the bank and the main
accused, who had played fraud with the bank.
The petitioner has already joined the investigation.
This petition is allowed and interim order dated 8.12.2008 is
hereby confirmed. The petitioner will remain on bail during the pendency of
the trial against the bail bonds already furnished by him subject to the
condition that he will continue to appear before the trial court and will not
absent himself without any sufficient cause.
February 6 ,2009 ( M.M.S.BEDI ) TSM JUDGE