Sanjay Kumar Dam @ Sanjay Kr Dam v. State Of West Bengal

17.12.2020 Ct. 30 Sd./7 CRA 129 of 2019 With CRAN 2 of 2019(CRAN 2208 of 2019) Mr. A. Bhattacharrya Mr. K. Dey ..For the petitioner/appellant.

Mr. S.G. Mukherjee Ms. F. Hossain ..For the State.

This is an application filed under section 389(1) praying for enlargement on bail of the petitioner in connection with Criminal Appeal wherein judgment and order of conviction passed by the court below for a period of 5 years has been challenged. The sentence was awarded for the offence u/s 409/477A/411 IPC. It is submitted on behalf of the petitioner that the appellant is in jail custody for a period of one year and 11 months. It is pointed out that the case was started in the year 1995 and the trial was concluded on 15.01.1999 and that the appellant was all along on bail during trial. Accordingly, taking cue from the observation in the judgment of Anil Ari v. State of W.B. reported in (2009) 11 SCC 363, learned advocate for the appellant submits to release the appellant on bail till the disposal of appeal. Ms. Faria Hossain has seriously raised objection to grant of bail on the score of gravity of the offence because of the white colour crime committed by the appellant

meddling with the public money to the tune of Rs. 17 lakhs and odd.

Considering the gravity of the situation, the prayer for bail is rejected at this stage.

Hearing of the appeal be expedited.

( Shivakant Prasad, J. )