Samir Karmakar v. State Of West Bengal
20.03.2023 Serial no. 33 [Dd] (Anticipatory bail) Allowed) CRM (A) 1137 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (M) Police Station Case No. 12 of 2023 dated 21.01.2023 under Sections 467/468/471/406/420 of the IPC -AndIn the matter of : Samir Karmakar ... ... Petitioner Mr. Soumik Ganguly, Mr. Dilip Kr. Sadhu, Advocates ... ... For the Petitioner Mr. Abhra Mukherjee, Ms. Monisha Sharma, Advocate ... ...For the State The written complaint alludes to a partnership between the petitioner and the de facto complainant.
Apparently, the partnership was in relation to dealings of an immovable property. The police complaint revolves around a dealing with an immovable property.
The disputes apparently appear to be civil in nature. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner shall report before the Investigating Officer once in a month till the conclusion of the
investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1137 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)