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Calcutta High CourtCRM/1515/2021allowed

Pankaj Ghosh@Pankaj Ghosh v. State Of West Bengal

2021-05-20Hon'Ble Justice Soumen Sen,Hon'Ble Justice Suvra Ghosh2 pages

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49.

May 20, Through Video Conference C.R.M. 1515 of 2021 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on February 5, 2021 in connection with Labpur Police Station Case No. 154 of 2020 dated December 4, 2020 under Sections 409/420/418 of the Indian Penal Code; And In the matter of : Pankoj Ghosh @ Pankaj Ghosh ...petitioner.

Versus

State of West Bengal ...opposite party.

Mr. Sujoy Sarkar, ...for the petitioner.

Ms. Zareen N. Khan, Mr. Subrata Roy, ...for the State.

We have heard the learned advocates appearing for the parties. Having considered the materials available on record it appears that the petitioner has refunded a sum of Rs. 4,48,000/- out of a total claim of Rs. 6,81,700/-. Bearing in mind the intention of the petitioner to refund the amount, prima facie, as borne out from record, we are of the opinion that custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail. Under such circumstances, we direct that in the event of arrest of the petitioner, namely, Pankoj Ghosh @ Pankaj Ghosh, he shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.

The application for anticipatory bail is, thus, allowed. ( Suvra Ghosh, J. ) ( Soumen Sen, J. )

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