Saddam Hossain Sheikh v. State Of West Bengal

10.11.2022 Serial no. 03 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4787 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 71 of 2022 dated January 26, 2022 under Sections 420/467/468/120B/201 of the Indian Penal Code.

-AndIn the matter of : Saddam Hossain Sheikh ... ...Petitioner Mr. Ayan Bhattacherjee, Ms. Sananda Bhattacharyya, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Debjani Dasgupta, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner was a computer operator in a co-operative society. He refers to the documents and submits that allegation of defalcation cannot be substantiated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the petitioner accepted defalcation by writing dated April 25, 2021. Independent of that, he refers to the audit report dated December 7, 2020. He submits that the petitioner is guilty of defalcation of a sum in excess of 66 lakhs. The total defalcation amount of the institution is in excess of 3.73 crores.

There are materials in the case diary implicating the petitioner in the incident of defalcation. Prima facie case

stands made out as against the petitioner. There is an acknowledgement of liability of the petitioner made in writing. Consequently, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4787 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)