Partha Mukherjee v. State Of West Bengal

19.04.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1653 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol (South) Police Station Case No. 35 of 2023 dated 02.02.2023 under Sections 420/406/467/468/469/472/ 472A/506/120B of the Indian Penal Code, 1860. And In Re : Partha Mukherjee ...... petitioner Mr. Bitasok Banerjee Mr. A. K. Dutta ....for the petitioner Mr. Avishek Sinha ....for the State The police complaint revolves around affairs of a partnership firm.

Apparently, petitioner is a partner of such firm. It is alleged as against the petitioner that the petitioner misappropriated funds of the partnership.

There are elements of civil disputes involved. In such circumstances, we 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/-, 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 meet the Investigating Officer as and when called for till the conclusion of the investigation and on 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)