Calcutta High CourtCRM/1362/2021allowed

Ishwarchand Nemchand Jain And ANR v. State Of West Bengal

2021-05-21Hon'Ble Justice Soumen Sen,Hon'Ble Justice Suvra Ghosh2 pages

CRM 1362 of 2021 21.5.2021 Court No.28 Item No. 25.

(Through Video Conference) s.bhar In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Posta Police Station Case No. 197 of 2020 dated 1.11.2020 for the offences punishable under Section 120(B) , 406 & 420 of the Indian Penal Code. And In the matter of : Ishwarchand Nemchand Jain & anr.

...Petitioners

Mr. Arnab Chatterjee ...For the Petitioner.

Mr. N. Ahmed Md. Anwar Hossain Mr. Prodipta Ganguly ...For the State.

Considering the materials made available on record and having regard to the statement made by the petitioners in paragraph 7 (f) of the petition acknowledging that sum of Rs. 2,79,919/- is due and provisionally payable to the complainant along with additional amount of Rs. 45,000/- towards staff salaries, we are granting anticipatory bail to the petitioners for a period of 4 weeks, subject to the condition that petitioners shall deposit of a sum of Rs. 3,24,919/- ( Rs. 2,79,919 + Rs. 45,000/-) before the trial court within the aforesaid time and obtain regular bail from the trial court. In the event, the said amount be deposited, the trial court shall deposit the said amount in a fixed deposit account with highest return preferably with a nationalised bank subject to any order that may be passed by the trial court in accordance with law. Accordingly, we direct that in the event of arrest the petitioners, namely, Ishwarchand Nemchand Jain and Adish Ishwarchand Jain shall be released on bail upon furnishing a bond of Rs. 10000/- with two sureties of like amount each, one of whom

must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

With the aforesaid observation, the application for anticipatory bail, being CRM 1362 of 2021 is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Suvra Ghosh, J) (Soumen Sen, J)