Calcutta High Court (Appellete Side)
The Indian Penal Code vs Allowed on 30 August, 2018
1 30.08.2018
tkm/ct 28 C.R.M. 6695 of 2018 sl no. 21
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 27.8.2018 in connection with Memari P.S case no. 217 of 2018 dated 28.5.2018 under section 420/406/465/467/468/471/34 of the Indian Penal Code And Allowed In Re : Sarmistha Dhali ...... petitioner Mr. Asraf Ali Mr. Sankar Banerjee Ms. Sabnam Laskar ...... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...... for the State Heard the learned advocates appearing for the parties. Petitioner is in custody for 16 days and it is submitted that the co-accused person has been granted pre-arrest bail.
Learned lawyer for the State opposes the prayer for bail and submits that the petitioner had misappropriated large amount of public money.
Having considered the materials in the case diary and bearing in mind the nature of allegations and extent of complicity of the petitioner in the alleged crime and the fact that the co-accused person has been granted pre-arrest bail and that the petitioner is a lady, we are inclined to grant bail to the petitioner. 2 Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned CJM, Burdwan on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and shall co-operate with the investigation in accordance with law.
In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court.
The application being CRM 6695 of 2018 is disposed of. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)