Calcutta High CourtCRM (DB)/509/2023allowed

Prabha Surana v. State Of West Bengal

2023-03-01Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 1.3.2023 S.D Item no.10 CRM (DB) 509 of 2023 Prabha Surana -VsThe State of West Bengal Mr. Ratnanko Banerjee Mr. Ayan Bhattacharya Mr. Abhijit Chowdhury Mr. A. Tiwari ...For the petitioner.

Mr. Sudip Ghosh Mr. Apurba Kumar Datta Mr. B. Banerjee .... For the State. The petitioner is allegedly involved in a ponzi scam. She is in custody for eighty-four days.

Investigation is complete. Chargesheet has been filed. There is nothing on record to suggest that she would tamper with evidence, interfere with witnesses or flee from justice. We have been shown an order of the Supreme Court dated 20th February, 2023 in Special Leave to Appeal(Crl) No(s). 1981/2023 (The State of West Bengal Vs. Prabha Surana) by Mr. Sudip Ghosh, learned advocate appearing for the State. He submits that the petitioner should be refused bail as it was made in a Special Leave Petition from an order granting bail to the petitioner in another case arising out of the said scam. We notice that the Supreme Court has not granted stay of the bail order.

Considering the facts and circumstances above, we are of the view that the petitioner should now be enlarged 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 Additional District and Sessions Judge, 3rd Court Alipur, subject to the following conditions:-

1. The petitioner is to deposit her passport, if she has one, with the investigating agency within three days from date;

2. She will meet the investigating officer as and when summoned

3. She shall not leave the municipal limits of Kolkata without informing the investigating officer.

4. She shall not tamper with evidence or interfere with the witnesses in any manner.

5. The petitioner shall attend the court on each and every day of trial, in default, the court shall be at liberty to cancel the bail bond without any reference to this bench. (Biswaroop Chowdhury, J.) (I.P. Mukerji, J.)