JUDGMENT : S.K. Mishra, J. - Having heard learned counsel for the petitioners in all the three applications and after perusing records, it is apparent that the petitioner-Kishore Chandra Bishoi in ABLAPL No. 13761/2015 was the Accountant of Koraput Central Cooperative Bank Limited (KCCB Ltd.) M.V. 79 Branch, Kalimela and petitioner-Ramesh Chandra Pramanik in ABLAPL No. 14598/2015 was the Branch Manager of the said Bank. The petitioner-Bhupendra Narayan Mohanty was the cashier of the said Bank. He is the petitioner in ABLAPL No. 14093/2015. 2. All these petitioners are apprehending arrest for the alleged commission of offence under Sections 408,409,468 and 471/34 of the IPC in G.R. Case No. 126/2015 of the Court of learned JMFC, Motu at M.V. 79 arising out of Kalimela P.S. Case No. 50/2015. 3. An FIR was registered against these persons by Golak Bihari Paikray, Branch Manager, KCCB Ltd., M.V. 79 Branch at Kalimela alleging large scale irregularity and illegality in sanctioning crop loans to primary members of Kalimela LAMPCS resulting in misappropriation of Rs. 3,68,71,698.00, which is allegedly disbursed in favour of 559 primary members of the Kalimela LAMPCS. This fact came to be known on a special report by the auditor. 4. Perusal of the case diary and examination of the witnesses and other relevant materials, it is apparent that the Investigating Officer has examined some of the loanees, seized ledgers of the Bank along with some cheque issued to the defaulted loanees. The I.O. has also examined Inquiry Officer, Sri B.K. Raja, who has conducted enquiry on the forgery on being directed by the Secretary, KCCB Ltd., HQs, Jeypore. The statement of Sri P.Ch. Behera, Sub-Assistant Auditor, Office of the Audit Circle (at present Bhawanipatna) has been recorded. In course of investigation, the I.O. found that as per the Bank rule, in case of agricultural loan, only primary members of Co-operative Societies are entitled to get loans being sanctioned by the Co-operative Societies and approved by the Headquarters Loan Committee but in the present case no sanction has been made by the Co-operative Societies and no credit sanction list was submitted by the LAMPCS authority to the headquarters for sanction of loan. The headquarters loan committee was required to sanction and approve it and thereafter furnish list of approved loans to the LAMPCS and KCCB. 5.
The headquarters loan committee was required to sanction and approve it and thereafter furnish list of approved loans to the LAMPCS and KCCB. 5. It is further procedure that after sanction of loan, the loanee is required to collect the cheque book from the LAMPCS. He is entitled to get loan from the KCCB Ltd. by depositing a cheque. It is also provided that at the time of encashment of cheque, it must be identified by one of the staff of the KCCB Ltd. But in this case, not a single cheque found to be identified. The I.O. also found large scale of irregularities and illegalities relating to different procedure adopted by the authorities of the LAMPCS. 6. From the aforesaid materials on record, it is apparent that there has been a defalcation of Rs. 3,68,71,698.00 of public fund. It is apparent that a kind of racket was going on in which large number of loaness have been burdened with loans, which they have never received and a prima facie case is made out against these petitioners as they have entered into a conspiracy to defalcate the public fund. 7. Keeping in view the white colour nature of the crime, amount of money involved and greater and larger interest of the State and Society and the fact that the case has far reaching implications, this Court is not inclined to grant anticipatory bail to any of these petitioners. 8. Accordingly, all the three anticipatory bail applications stand rejected. The interim order dated 05.10.2015, 15.10.2015 and 08.10.2015 passed in the aforesaid three bail application, respectively, shall stand vacated.