Mr.
E.G. Ahuja, learned advocate for the applicant submits that the premise in question was purchased and loan was availed by the applicant on the basis of legal scrutiny report dated 24.11.2006, by which, it was declared that title of the title holder are clear and marketable and equitable mortgage can be created in favour of the Bank. Now the FIR being C.R. No.I-147 of 2011 is filed on 8.4.2011 for the offence punishable under Sections 406, 420, 465, 468, 471 and 114 of Indian Penal Code and as per the averments in the FIR, the very premise was earlier mortgaged with the Bank by the promoters/builders of the society. It is therefore, submitted that by imposing suitable conditions, the applicant be granted anticipatory bail.
However, now the question arises about issuance of title clearance certificate/legal scrutiny report dated 24.11.2006 by one Bala Deep Law Associates on 24.11.2006 declaring that the title of the title holder are clear and marketable and the equitable mortgage can be granted in favour of the bank.
The investigating agency shall submit a preliminary report on next date of hearing of this application.
Rule returnable on 31.5.2012.
Learned APP, waives service of rule on behalf of respondent.
[ANANT S. DAVE, J.] //smita// Top