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Calcutta High CourtCRM (A)/548/2022allowed

Manoj Kr Jhawar And ORS v. State Of West Bengal

2022-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

07.02.2022 Serial no. 15 Dd CRM (A) 548 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bowbazar Police Station Case No. 37 dated 23.01.2021 under Sections 420/406/408/467/468/471/120B of the Indian Penal Code corresponding to G.R. No. 68 of 2021 -AndIn the matter of : Manoj Kumar Jhawar & Ors. ... Petitioners Mr. Jaydeep Biswas, Mr. Soumyadeep Das, Advocates ... ... For the Petitioners Mr. Avik Ghatak, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that two of the petitioners were erstwhile employees of a company. They resigned in 2019. Their resignation was accepted. Final Accounts were settled. It is, thereafter, in 2020, on the basis of an order passed in a petition under Section 156(3) of the Code of Criminal Procedure, the present police case was started. It is alleged that the petitioners cheated the Company.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the fact that the first two petitioners resigned from employment in 2019 and considering the fact that the compliant was lodged in 2020 and considering the gravity of the offence and the complicity of the petitioners

therein, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioners shall meet the Investigating Officer once in a month till completion of investigation. Prayer for anticipatory bail is allowed.

This application for anticipatory bail is disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)