Allowed

Sarju Sharma v. the State of West Bengal

Calcutta HC16 Mar 2021CRM/74/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail filed under Section 438 CrPC in connection with offenses under sections 447, 420, 468, 471, and 506 IPC, the Calcutta High Court allowed the bail prayer on prescribed conditions, noting the pending civil suit but upholding the independence of criminal investigation while granting benefit of doubt.

What did the court decide?

Prayer for anticipatory bail allowed with conditions including furnishing a bond of Rs.10,000/- with two sureties and complying with Section 438(2) CrPC.

Sarju Sharma Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2021)

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SL. 52 March 16, 2021. AKG

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CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION

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C.R.M. 74 of 2021

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In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on December 17, 2020 in connection with Bhaktinagar Police Station Case No. 726 of 2020 dated August 20, 2020 under sections 447/420/468/471/506/34 of the Indian Penal Code, 1860.

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And

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Allowed

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In Re : Sarju Sharma … petitioner. Mr. Sekhar Kumar Basu, Mr. Deep Chaim Kabir, Mr. Debasish Mukhopadhyay, Ms. Jeenia Rudra, Ms. Madhushri Dutta, Ms. Saheli Dey … for the petitioner. Mr. Nilay Chakraborty, Ms. Narmata Das … for the State. Mr. Deborshi Dhar …for the Defacto Complainant.

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Learned senior counsel appearing for the petitioner submits that the complaint on the basis of which the petitioner apprehends arrest was lodged as an afterthought and backlash to a previous complaint lodged by the petitioner. Moreover, a title suit is pending between the complainant and the petitioner, which might have also prompted the complaint to be lodged, much after the alleged date of the offence against the petitioner.

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Learned counsel for the State submits that although a civil suit is pending between the parties, the criminal investigation is independent of such proceeding.

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Although there is no doubt that the scope of the criminal investigation and the civil suit are entirely different, benefit of doubt ought to be given to the petitioner in view of the circumstances as pointed out by learned senior counsel for the petitioner as well as on the available materials.

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Accordingly, the prayer for anticipatory bail is allowed on the following conditions:

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In the event of arrest, the petitioner shall be immediately released on bail subject to furnishing a bond of Rs.10,000/- with two sureties of like amount each. The petitioner shall also comply with the conditions as stipulated in Section 438 (2) of the Code of Criminal Procedure. In addition, the petitioner shall meet the Investigating Officer once in a week and cooperate with the investigation in all manners till charge sheet is filed.

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(Sabyasachi Bhatttacharyya, J.)

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(Kausik Chanda, J.)

Sarju Sharma v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Sarju Sharma v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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