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Human liberty is sacrosanct: Calcutta High Court reaffirms bail to accused after its order was set aside by Supreme Court

The Bench was dealing with a criminal case arising out of a dispute between two parties pertaining to misappropriation of money. The petitioner was accused of misappropriating crores of money collected from the public from 2011 onwards. The person aggrieved by this alleged misappropriation did not file a complaint until 2020.

The petitioner was in custody for 135 days when she moved a bail application before the High Court on January 10 this year. At that point, one co-accused in the case had been granted bail. A special leave petition (SLP) challenging this bail order, moved by the de-facto complainant in the Supreme Court, was dismissed on October 31, 2022. Based on these facts, the High Court had granted bail to the petitioner.

Consequently, aggrieved by the grant of bail by the High Court, the State moved the Supreme Court again with a SLP, which was allowed. On March 3, the apex court remanded the matter to the High Court after setting aside the bail order.

Source: Barandbench

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