The court dismissed a Criminal Petition filed under Section 438 Cr.P.C. seeking anticipatory bail for women accused of forgery and cheating related to bank loans obtained via fake documents.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed; petition quashed.
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THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10198 of 2017
ORDER:
Heard learned counsel for the petitioners/accused and learned Additional Public Prosecutor for the respondent State, and perused the record.
This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners/accused in Crime No.68 of 2016 of Konakanamitla Police Station, Prakasam District, for the offences punishable under Sections 467, 468, 471 and 420 IPC.
Learned counsel for the petitioners/accused would submit that allegations against the petitioners/accused are absolutely false. The petitioners/accused are women and ultimately, prayed to grant bail to the petitioners/accused under Section 438 Cr.P.C.
The learned Additional Public Prosecutor would submit that the petitioners have fabricated pattadar pass books and executed number of documents to obtain the loan. Therefore, it is not a fit case to grant bail to the petitioners/accused under Section 438 Cr.P.C.
It is evident from the material on record that the petitioners obtained loan from the Union Bank, Munagapadu branch, by creating fake documents including pattadar pass books. There is also material to show the alleged cheating and fraudulently
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withdrawing the money from the bank. It is also contended that some of the accused who were remanded to judicial custody are granted regular bail. Remand of some of the accused to judicial custody and their enlargement on bail cannot be a ground to grant bail to the petitioners under Section 438 Cr.P.C. In view of gravity of offence, the petitioners being women is also not a
ground to consider this kind of application.
This Criminal Petition is devoid of merit and the same is
liable to be dismissed.
In the result, the Criminal Petition is dismissed.
____________________________
Dr. SHAMEEM AKTHER, J
3 rd NOVEMBER, 2017.
kvni
2 issues framed by the court
Whether anticipatory bail should be granted in a case alleged to involve fabrication of pattadar pass books for obtaining a bank loan.
Whether the bail status of other co-accused can be a ground for granting anticipatory bail to the petitioners.
2 provisions across 2 enactments
Women accused
State
Dr. Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
