Gouranga Gosh @ Ghosh And Others v. State Of West Bengal And ANR

19.03.2024 Serial no. 82 [G.S.D] CRR 1079 of 2024 In the matter of : Gouranga Gosh @ Ghosh & Ors. ... ... Petitioners Mr. Prabir Kr. Mitra Ms. Subhanwita Ghosh ... for the petitioners Ld. Advocate for the petitioners submits that the petitioners are innocent villagers who have been falsely implicated in connection with the instant case at the instance of the bank officials along with the goldsmith so involved. The goldsmith so involved is an appraiser, who certifies regarding the gold and according to the ld. Advocate for the petitioner, the person concerned deposited the original gold and in spite of the same they have suffered because of the conspiracy so made by the bank officials along with the said gold appraiser, who have been granted anticipatory bail.

The records of the case speaks that the villagers have been absconding as has been observed in CRM(A) No. 359 of 2024 and it was categorically observed that because of the long absconding and the materials appearing in the case diary implicating some of the accused persons, who are

similarly situated along with the alleged fraud committed in respect of the financial institution, the Hon'ble Division Bench refused to interfere or grant the remedy so applied for.

Having considered the fact that the case is based on pleading or defence, I am of the view that until and unless at least the petitioners appear before the jurisdictional court or surrender themselves and regularize their appearance before the ld. Jurisdictional court, no interference can be made at this stage.

In view of the observations made by the Hon'ble Division Bench, the petitioners would be at liberty to approach this court after regularizing their appearance and receipt of the copies under section 207 of the cr.p.c. With the aforesaid observations, CRR 1079 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)