Congress MLA Rajender Bharti from Datia, MP, was sentenced to 3 years in jail and fined Rs 1 lakh in the Gramin Vikas Bank Fraud case. Another convict also received a 3-year term. The court has granted both bail to appeal the judgement.
MLA, Another Convict Sentenced to 3 Years
The Rouse Avenue court sentenced Congress MLA Rajender Bharti to 3 years imprisonment and imposed Rs. One lakh fine. Another Convict is also sentenced to 3 years imprisonment and a fine of Rs. 2.5 lakh has been imposed on him. They were convicted by the court in the Gramin Vikas Bank Fraud case.
However, the court has granted bail to both convicts to challenge the judgement before Delhi High Court. Bharti is a Congress MLA from Datia, Madhya Pradesh. This case was transferred to Delhi by the Supreme Court on a plea moved by Bharti.
Details of the Charges and Sentence
Special Judge (MP -MLA) Dig Vinay Singh sentenced both convicts, Rajendra Bharti and Raghuvir Sharan Prajapati, in a case of cheating, forgery, using forged documents, and criminal Conspiracy. The court has sentenced Bharti for the offence of criminal Conspiracy under section 120 B IPC read with 420, 467, 478 and 471.
Other Convict Raghuvir Sharan Prajapati is sentenced to 3 years imprisonment foe offence of forgery and a fine of Rs. One lakh imposed under section 476 read with 120 B IPC. He is also sentenced to 2 years imprisonment for the offence of forgery for cheating and a fine of Rs. 50000 imposed under section 468 IPC read with 120 B IPC. Additionally, he is also sentenced to 3 years jail term and a fine of Rs. One lakh imposed for the offence of Conspiracy under Section 120 B read with Section 420, 467, 468, 471 IPC.
The court held Bharti guilty of the offence of criminal conspiracy punishable under Section 120B of IPC read with Sec 420, 467, 468, 471 of IPC.
Arguments in Court
Additional Public Prosecutor (APP) Manish Rawat appeared for the State and sought the maximum sentence for both convicts. He submitted that there were other FIRs registered against Bharti. He was also subject to custody in a case. It was also submitted that he is 3 time MLA and a lawyer also. Despite having hatched the Conspiracy and earned interest on the FD at a higher rate as the Chairman of the Bank. Due to his act, the bank went into liquidation.
Advocate Abhik Chimni appeared for Bharti. He submitted that he is 3 time MLA as the public has faith in him. In the case in which he was subject to custody, he was acquitted in the same. The third accused, Savitri Shyam (Bharti's mother), has expired during the trial.
Background of the Bank Fraud Case
A criminal complaint under Section 200 of the Cr.P.C. filed on July 29, 2015, against Savitri and her son Bharti by Narender Parmar, Manager of Zila Sahkari Krishi Aur Grahmin Vikas Bank. Prajapati was summoned by the court on an application filed subsequently.
It was alleged that on 24.08.1998, Savitri, deposited Rs. 10 lakhs in the complainant bank in a fixed deposit (FD) for a three-year term at an interest rate of 13.5% per annum in the name of an organisation, namely Shyam Sunder Shyam Jan Sahyog Evam Samajik Vikas Sansthan, Mundian Ka Kuan, Datia, MP, which is a trust.
It was further alleged that instead of receiving the interest upon maturity, she began withdrawing annual interest payments of Rs. 1.35 lakh starting from the first year 1999 and continued to withdraw that interest until 2011 for 13 years, in violation of the FD terms.
The bank also alleged that Bharti used his influential position as chairman of the board of directors of the complainant bank to pressurise bank employees into facilitating unauthorised payments to his mother/the trust, causing wrongful financial loss to the bank.
The complainant bank had also alleged that to extend the interest payments beyond the initial three- year period, the accused, in conspiracy, tampered with the official bank records, forged the FD duration on the bank ledger, FD receipts, and the FD certificate counterfoil to change the term from 'three' years to 'ten' or 'fifteen' years on different bank documents. The complainant asserted that both Savitri and Bharti conspired to embezzle bank funds for personal dishonest gain. The accused continued to withdraw interest at the high rate of 13.5% long after the original FD term had expired. (ANI)
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