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2016 (9) TMI 1477 - HC - Indian LawsBail Application - Saradha Scam - money of investors belonging to the lower strata of society has been utilised by unscrupulous persons for their personal gain - Held that:- There is no doubt that the proviso to Section 437 of the Code of Criminal Procedure which stipulates that certain categories of persons should be released on bail can also be read into the provisions of Section 439 of the Code of Criminal Procedure. However, this is not a case where we would exercise our discretion by granting bail to the petitioner only because she is a woman. The reasons for the same are not far to be seen. There is no doubt that the petitioner has been able to wield a considerable influence and ensure that she continues to be hospitalized till today. She has been interrogated in hospital on 29th December, 2015 and 20th June, 2016. However she has been successful in avoiding being incarcerated in a correctional home. The investigations which are in progress could be hampered by the petitioner who, prima facie appears to be manipulative as reflected from certain emails written by her to the prime accused and to a person who was to be the sole arbitrator under the agreement of June, 2010 in the event there was any dispute with regard to the agreement - Under these circumstances, prayer for bail of the petitioner is rejected. The Magistrate concerned is directed to ensure that the petitioner does not continue in various hospitals endlessly at her own whims and fancies.
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