Amiyo Ghosh @ Amiya Ghosh And ANR. v. State Of West Bengal

22.03.2024.

36.

Ct.No.28.

as (Allowed) C.R.M. (DB) 827 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Beliabera P.S. Case No.41 of dated 04.07.2015 under Sections 406/409/420/467/120B of the Indian Penal Code and charge sheet submitted under Sections 406/409/420/467/120B of the Indian Penal Code. In the matter of : Amiyo Ghosh @ Amiya Ghosh & Anr. .... Petitioners.

Mr. Prabir Kr. Mitra, Mr. Pinak Kr. Mitra, Ms. Subhanwita Ghosh.

...for the Petitioners.

Ms. Zareen N. Khan, Mr. Arani Bhattacharyya.

...for the State.

1.

Petitioners are in custody for 60 days. It is contended that they are bona fide loanees and had pledged gold. Appraiser Radhyashyam Paira had dishonestly converted the gold causing wrongful loss to the bank. Radhyashyam Paira has been granted regular bail. Accordingly, they pray for bail. 2.

Learned Advocate for the State opposes the bail prayer. He contends petitioners and others had entered into conspiracy with the appraiser Radhyashyam Paira and other employees of the co-operative bank and obtained fraudulent loans. Loss of the bank ran to crores of rupees.

3.

We have considered the materials on record. Petitioners claim to be bona fide loanees. They submit they had pledged gold but the appraiser and bank officials misappropriated the gold. Investigation is complete. Radhyashyam Paira and other bank officials are on regular bail/anticipatory bail. Extent of Signed By : ALOK SETH High Court of Calcutta 22 nd of March 2024 06:04:37 PM

complicity of the petitioners in the conspiracy requires to be assessed during trial. There is no chance of abscondence. 4.

Under such circumstances, we are inclined to grant bail to the petitioners.

5.

Accordingly, the petitioners viz., Amiyo Ghosh @ Amiya Ghosh and Sohom Das shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhargram subject to condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 22 nd of March 2024 06:04:37 PM