The Supreme Court dismissed the bail application of a petitioner, who is an Officer of the office of the Alipore District Judge’s Court, accused of floating a tender without the permission of the District Judge. During the investigation, it has been found that there were no supplies but entries were affected in the documents of the office.
The Counsel, appearing for the State of West Bengal, opposed the bail application and submitted that the petitioner is not cooperating with the investigation. Whereas the Counsel, appearing for the petitioner, submitted that he needs time to file a rejoinder.
To which, the bench led by Chief Justice N.V. Ramana submitted that this is not a civil case where you will repeatedly seek time to file counter replies and rejoinders. Thereafter, the bench ordered that you go surrender to the police and get regular bail.
However, Counsel for the petitioner again pressed for his prayer of adjournment and said that he could not file the rejoinder as he was suffering from the Covid-19.
Observing the adamant attitude of the Counsel of petitioner, the bench then said you will not get the benefit to approach the High Court and dismissed the bail application.
The petitioner has been charged under Section 420 (Cheating and dishonestly inducing delivery of property),409 (Criminal breach of trust by a public servant, or by banker, merchant or agent), 406 (Criminal Breach of Trust), 120 B (Criminal) of the Indian Penal Code.
The Calcutta High Court rejected the plea for anticipatory bail stating, “We have perused the materials in the case diary along with the memorandum of evidence and because the nature of offence relates to a public office and embezzlement of public exchequer which involves corruption along with conspiracy, we are not inclined to extend the privilege of Section 438 of the Code of Criminal Procedure to the petitioner. As such the prayer for anticipatory bail is rejected.”