Gulshan Kumar Jolhe v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7024 of 2016 Gulshan Kumar Jolhe S/o Shri Hem Lal Jolhe Aged About 22 Years R/o Village Hirri, Police Station & Tahsil Sarangarh, District Raigarh, Civil & Revenue District Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate Durg, District Durg, Chhattisgarh.

---- Respondent For applicant - Shri M.K. Sinha, Advocate.

For Respondent/State - Shri Sangarsh Pandey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/11/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.502/2016 registered in Police Station City Kotwali, Durg, Distt. Durg (CG) for offence punishable under sections 420, 467, 468, 471, 408, 409, 120-B of the IPC. 2.

As per the prosecution case, the applicant who was working as Credit Assistant in Spandana Sphoorty Financial Limited in connivance with Pramila Yadav on the basis of forged documents granted loan to 194 women and misappropriated huge amount alongwith other persons of the company. Thereby, amount of Rs.36.67 lakhs was sanctioned by the company and out of which only Rs.7 lakhs was recovered. 3.

Learned counsel for the applicant submits that if the loanee has defaulted with the loan then applicant cannot be withheld. He further submits that the applicant had discharged job of filling of form and recovery was not within the domain of the applicant, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents as also the objection.

Taking into nature of allegation and the fact that charge sheet has been filed and all the evidence appears to be documentary in nature, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri