TMI Blog2016 (9) TMI 1477X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid judgment, the petitioner was arrested on 7th October, 2015. She was produced before the Magistrate on 8th August, 2015 and was in police custody upto 13th October, 2015. On 12th October, 2015 she complained of chest pain and, therefore, was hospitalised in the S.S.K.M Hospital, Kolkata. She continued in the Hospital upto 11th November, 2015. After her discharge she was hospitalised again in C.M.R.I Hospital, Kolkata and was operated upon for hernia. She continued in the C.M.R.I Hospital till 21st April, 2016 and was found to be stable and advised to review her situation after one month. Again the petitioner within hours of being discharged from C.M.R.I Hospital was admitted to Medica Super Speciality Hospital, Kolkata where s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to run two Television News Channels but being short of funds required an investor; Sudipta Sen who was the Managing Director of Bengal Media Private Limited was in search of investment opportunities for a T.V channel and, therefore, as natural consequence the petitioner and he entered into an agreement in June, 2010. The learned counsel for the C.B.I submits by relying on various clauses of the agreement that the aforesaid agreement can hardly be construed as an agreement which two business persons would enter into. He terms this agreement as a sham and bogus one for several reasons. He points out that the agreement does not bear the date on which it was executed. Several details in the agreement have not been filled in and have been lef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proviso to Section 437 of the Code of Criminal Procedure. According to him, although bail is being sought by the petitioner under Section 439 of the Code of Criminal Procedure, the provisions of Sections 437 of the Code of Criminal Procedure have to be read into Section 439 of the Code of Criminal Procedure while deciding a bail application. This argument is countered by the learned counsel for the C.B.I by contending that when the Legislature has thought it fit not to incorporate the proviso to Section 437 of the Code of Criminal Procedure in Section 439 of the Code of Criminal Procedure, we cannot consider the proviso to Section 437 of the Code of Criminal Procedure under which certain categories or classes of people are to be rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner should be enlarged on bail at this stage when the investigation is in progress regarding an economic offence. It is necessary for the court to balance the personal liberty of the accused and the right to justice of all the poor investors who have been duped when an economic offence is allegedly committed. Evidence is being unearthed with respect to the Scam in various States. The magnitude of the offence cannot be lost sight of especially since the amount of public money which has been misused and misappropriated is huge. 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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