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Calcutta High CourtCRM/108/2020disposed

Dipak Juwali @ Dipak Juali & ORS v. State Of West Bengal

2020-01-07Hon'Ble Justice Bibek Chaudhuri2 pages

BR 14.1.

CRM 108 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ghatal P.S. Case No. 387 of 2020 dated 22.11.2020 under Section 420/465/468/34 of Indian Penal Code.

In the matter of :Shyamal Ghosal ...... Petitioner Mr. Kunal Ganguly .... For the petitioner Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick ... for the State Having heard the learned advocate for the petitioner and the learned counsel for the State and on careful consideration of the prayer for bail as well as the case diary it is ascertained that the accused was arrested on 29th November, 2020. Since then he is in custody. Allegation against the petitioner is that he committed cheating on false promise of sale of a piece of land at a considerable price of Rs.12,50,000/- accepted the entire consideration money from the de facto complainant and executed an agreement for sale forging the signature of the real owners of case property. From the first information report it is also learnt that the petitioner admitted his guilt and paid a sum of Rs. 12,50,000/- to the de facto complainant by two installments. Learned advocate for the petitioner has prayed for bail on the ground of long detention of the accused and the stage of investigation of the case.

The learned P.P. -in-Charge has raised objection against the prayer for bail.

In the facts and circumstances of the case and considering the period of detention of the accused, I am

inclined to release him on bail. The petitioner may find bail of Rs. 20,000/- only with two sureties with further detention that he will secure the remaining sum of Rs. 3,00,000/- by keeping of bank draft or a security in the Court of the learned Additional Chief Judicial Magistrate, Ghatal and he shall meet the investigation officer once in a fortnight till the conclusion of the investigation. ( Bibek Chaudhuri, J. )