Swapna Patra v. State Of West Bengal

03.07.2023 Sl. No.18 akd [ALLOWED] C. R. M. (DB) 2273 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.06.2023 in connection with Tamluk Police Station Case No.379 of dated 12.05.2022 under Sections 420/406/409/467/468/471/472/473/474/475/477A/120B/413 of the Indian Penal Code. (G.R. Case No.1387 of 2022) And In Re: Swapna Patra ... ... Petitioner Mr. Avik Ghatak Sk. Jayed Hossain ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mrs. Sonali Das ... ... for the State Petitioner renews her prayer for bail. She refers to the letter of the bank which shows that the misappropriated sum has since been recovered.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Though allegations against the petitioner are grave, substantial portion of the misappropriated money has already been recovered. There is little possibility of the trial concluding in the near future. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Swapna Patra, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur at Tamluk subject to condition that the said

petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)