Dismissed¶11

Sandip Sarkar v. the State of West Bengal

Calcutta HC22 Jul 2024CRM (A)/1921/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Sections 420/406/120B IPC; cheating; criminal breach of trust; criminal conspiracy; dummy companies; siphoning of funds; cable operators; fictitious documents; Narendrapur Police Station Case No. 548 of 2024; G.R Case No. 3220 of 2024; Sandip Sarkar; Ashwini Kumar Choubey; Jitendra Saha; Deoghar Police Station complaint; one and half crores; rejection of anticipatory bail; return of passport; cooperation with investigation; CRM (A) 1921 of 2024; order dated 22.07.2024; Soumen Sen, J; Uday Kumar, J.

What did the court decide?

Prayer for anticipatory bail rejected; the only direction issued is that the passport, if any, shall be returned to the petitioner. ¶11

Sandip Sarkar Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail rejected; the only direction issued is that the passport, if any, shall be returned to the petitioner.

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Issue for consideration

Whether the petitioner, Sandip Sarkar, should be granted anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No. 548 of 2024 (G.R Case No. 3220 of 2024) under Sections 420/406/120B IPC.

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Court's answer

The Court declined to grant anticipatory bail: despite not going into the merits and noting that the investigation was still ongoing, it found sufficient incriminating materials against the petitioner.

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Ratio / Principle

The prayer for anticipatory bail of the petitioner was rejected and the application disposed of accordingly.

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Detailed headnote1 paragraphs

Anticipatory bail under section 438 of the Code of Criminal Procedure sought by Sandip Sarkar in connection with Narendrapur Police Station Case No. 548 of 2024 dated 03.05.2024 (G.R Case No. 3220 of 2024) under Sections 420/406/120B IPC. The report of the Investigating Officer disclosed that dummy companies had been formed through which huge amounts were siphoned, and that the petitioner, along with one Ashwini Kumar Choubey, collected huge sums from different cable operators. Reference was made to a complaint lodged by one Jitendra Saha on 8th March, 2012 at Deoghar Police Station against Ashwini Kumar Choubey alleging collection of huge amounts on false promise and production of fictitious documents; in his statement under Section 161 Cr.P.C, Saha categorically stated that the petitioner and Choubey had realized one and half crores from him on the basis of fictitious documents. The petitioner's submission that he was himself a victim of the fraud found no support, no complaint having been lodged by him. Holding that there were sufficient incriminating materials against the petitioner and that the investigation was still ongoing, and expressly refraining from going into the merits, the Court rejected the prayer for anticipatory bail, disposed of the application, and directed that the passport, if any, be returned to the petitioner.

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22.07.2024 Court No.29 Item No. 05 Rejected ar

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CRM (A) 1921 of 2024

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In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Narendrapur Police Station Case No. 548 of 2024 dated 03.05.2024 corresponding to G.R Case No. 3220 of 2024 under Sections 420/406/120B of the Indian Penal Code.

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In Re: Sandip Sarkar Petitioner Mr. Firdous Samim Ms. Gopa Biswas Ms. Payel Shome For the Petitioner Md. Adil Badr Mr. Ashok Das For the State Mr. Jayanta Narayan Chatterjee Ms. Jayashree Patra Ms. Pritha Sinha For the De-facto Complainant

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We have heard the learned counsel appearing for the parties.

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Earlier we have directed the petitioner to cooperate with the investigation.

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The report filed by the Investigating Officer shows that dummy companies have been formed through which huge amounts have been siphoned. It further reveals that one Ashwini Kumar Choubey along with the present petitioner collected huge sums from different cable operators. On 8^th March, 2012 one Jitendra Saha has lodged a complaint against Ashwini Kumar Choubey at Deoghar Police Station alleging collection of huge amounts on false promise and producing fictitious documents. In his statement under Section 161 Cr.P.C, Mr. Saha categorically stated that the present petitioner and Ashwini Kumar Choubey have realized one and half crores from Sri Saha on the basis of fictitious documents.

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Mr. Firdous Samim, learned counsel appearing for the petitioner, submits that he is also the victim of such fraud. However, no complaint has been lodged by Sandip Sarkar, the present petitioner. He further submits that in the petition he has disclosed the bank details in which the entire amount has been transferred to the bank account of said Ashwini Kumar Choubey.

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We have not gone into the merits of the matter. The investigation is still going on. However, there are sufficient incriminating materials found against the petitioner, we are not inclined to grant anticipatory bail to the petitioner.

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Accordingly, the prayer for anticipatory bail of the petitioner is rejected and the same is accordingly disposed of.

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The passport, if any, shall be returned to the petitioner.

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All parties shall act on the server copies of this order duly downloaded

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from the official website of this Court.

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(Soumen Sen, J)

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(Uday Kumar , J)

Sandip Sarkar v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Sandip Sarkar v. the State of West Bengal

Case brief

What is this about?

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What the court decided

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