Jaharul Islam v. State Of West Bengal

07.07.2021 Item no.14 Court No.30 Avijit Mitra C.R.M. 2604 of 2020 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Jaharul Islam .... petitioner Mr. Rajendra Banerjee ....for the petitioner Mr. Binay Panda, Mr. N.P. Agarwala, Mr. Pratick Bose ...... for the State Mr. Aniket Mitra ...... For the WBSEDCL Apprehending arrest in connection with Paikar Police Station Case No.31 of 2020 dated 01.02.2020 under Sections 135(1)(a) and 135 (i)(b) of Electricity Act, the present application has been preferred.

Mr. Banerjee, learned advocate appearing for the petitioner submits that in terms of the undertaking given before a Coordinate Bench of this Court on 1st March, 2020, the petitioner already deposited an amount of Rs. 1,36,000/- on 14th March, 2020.

Mr. Mitra, learned advocate appears for the WBSEDCL. Upon hearing the learned advocates appearing for the respective parties and as the petitioner has paid the amount of Rs.1,36,000/-, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the present case.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Jaharul Islam, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount, 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. Accordingly, the application for anticipatory bail being CRM No.2604 of 2020, is 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.) (Tapabrata Chakraborty, J.)