Madhumita Pal v. State Of West Bengal

22.09.2020 Sl. No.41 akd [ALLOWED] C. R. M. 7038 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.09.2020 in connection with Kharagpur Local Police Station Case No. 530 of 2020 dated 01.09.2020 under Sections 465/467/468/471/409/419/420 of the Indian Penal Code. (G.R. Case No.2303 of 2020) And In Re: Madhumita Pal ... ... Petitioner Mr. Kaushik Chowdhury .. Advocate ... ... for the petitioner Mr. Rana Mukherjee .. Ld. Addl. Public Prosecutor Mrs. Sujata Das .. Advocate ... ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 is accordingly, disposed of.

It is submitted on behalf of the petitioner that she has been falsely implicated in the instant case. It is further submitted that the petitioner has instituted a writ proceeding challenging her illegal termination. It is further contended that she is the daughter of Late Dhriti Bhanu Pal.

Learned Additional Public Prosecutor opposes the prayer for anticipatory bail and submits that petitioner had obtained employment on the strength of forged document.

We have considered the materials on record. Alleged forged document is already in the custody of the Investigating Agency. A writ proceeding was instituted challenging the contention of the employer

that the petitioner had adduced forged document to obtain employment. Such issue may be decided at the appropriate stage of the proceeding in accordance with law. However, in the facts and circumstances of the case and as the alleged forged document is already in the custody of the Investigating Agency, we are of the opinion that custodial interrogation of the accused/petitioner is not necessary in the facts of the present case and she may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Madhumita Pal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)