Calcutta High CourtCRM (A)/2837/2023allowed

Lakshikanta Jana @ Lakhmikanta Jana v. State Of West Bengal And ANR

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2837 of 2023 07.08.2023 ML. 77 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 Potashpur P.S. Case No. 73 of 2022 dated 15.02.2022 under Section 135(1)(a) of the E.A. Act pending before the learned Special Judge Electricity Act, Tamluk, Purba Medinipur. And In the matter of: Lakshikanta Jana @ Lakhmikanta Jana ....petitioner.

Mr. Bibekananda Tripathy ...for the petitioner.

Mr. Kum Kum Mitra ...for the State.

Mr. Aniket Mitra ...for the WBSEDCL

1. Heard learned Counsel for both the parties.

2. It is submitted by learned Counsel for the petitioner that the petitioner shall deposit 50 per cent of the final bill amounting to Rs. 1,27,194/- (Rupees One Lakh Twenty Seven Thousand One Hundred Ninety Four Only) with the DISCOM within four weeks from today. Charge-sheet is stated to have been filed.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence, undertaking of the petitioner and substantial progress in investigation, it is directed that the petitioner shall surrender before the learned Special Judge Electricity Act, Tamluk, Purba Medinipur within 15 days from today in the G.R. case arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that: i) Within 15 days of the deposit of aforesaid amount with the DISCOM, the petitioner shall file the copy

of the receipt issued by the DISCOM before the aforesaid Court.

4. The learned Special Judge Electricity Act is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 2837 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)