Calcutta High CourtCRM (A)/2597/2023allowed

Sanjay Kumar Maity @ Sanjoy Kumar Maiti v. State Of West Bengal

2023-08-23Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2597 of 2023 23.08.2023 SL. 7 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Hirapur Police Station Case No. 154 of 2015 dated 10.07.2015 under Sections 406/420/120B of the IPC read with Sections 4/5/6 of the Prize Cheats and Money Circulation Schemes (Banning) Act, 1978.

And In the matter of: Sanjay Kumar Maity @ Sanjoy Kumar Maiti ....petitioner.

Mr. Raj Kr. Sain Mr. Prithwish Guria ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...for the State.

1. Heard learned Counsel for both the parties.

2. The amount involved in the entire transaction being about Rs. 7 lakhs and all the documents regarding deposit, etc. having already been seized, we do not find any justification for custodial interrogation of the petitioner.

3. Learned Counsel for the petitioner submits that there is no record of past criminal antecedent against the petitioner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that: i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

ii) The petitioner shall not involve himself in similar or any other offence during the currency of this order.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 2597 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)