Deepali Kalia-
The bail application filed by an officer of the office of the Alipore District Judge’s Court, who has been accused of floating a tender without the District Judge’s permission, was dismissed by the Apex Court.
It was revealed during the investigation that although there were no supplies, entries in the documents of the office were affected.
The petitioner in the instant case has been charged under Section 420 (Cheating and dishonestly inducing delivery of property), 406 (Criminal Breach of Trust), 409 (Criminal breach of trust by a public servant, or by banker, merchant or agent) and 120 B (Criminal Conspiracy) of the Indian Penal Code.
Previously Calcutta High Court had rejected the petitioner’s plea for anticipatory bail stating, “We have perused the materials in the case diary along with the memorandum of evidence and because the nature of offence relates to a public office and embezzlement of public exchequer which involves corruption along with conspiracy, we are not inclined to extend the privilege of Section 438 of the Code of Criminal Procedure to the petitioner. As such the prayer for anticipatory bail is rejected.”
The counsel who appeared on behalf of the State of West Bengal opposed the bail application stating that the petitioner was not cooperating with the investigation.
On the other hand, the counsel for the petitioner stated that he required time to file a rejoinder.
In response, the Bench headed by Chief Justice N.V. Ramana stated that the following was not a civil case in which one can repeatedly seek time to file counter replies and rejoinders.
Consequently, the Bench ordered that the petitioner should surrender to the police and obtain a regular bail.
However, again insisting on his prayer of adjournment, the counsel for the petitioner stated that he couldn’t file a rejoinder because he was suffering from COVID-19.
The Bench noting the adamant attitude of the counsel stated that the petitioner will not get the benefit to approach the High Court and thus, dismissed the bail application.
