Sanjit Poddar And ORS v. State Of West Bengal

C.R.M. (A) 2961 of 2023 10.08.2023 ML. 177 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 Tehatta Police Station Case No. 663 of 2022 dated 06.08.2022 under Sections 420/406/409/34/120 of the IPC.

And In the matter of: Sanjit Poddar & Ors.

....petitioners.

Mr. Asraf Mandal ...for the petitioners.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...for the State.

1. Heard learned Counsel for both the parties.

2. There is allegation of misappropriation of Government fund of Rs.18,98,854/- by the present petitioners who are the Pradhan and port folio holder of the Panchayat concerned.

3. From the FIR it is found that about Rs. 12,81,819/- has already been refunded to the appropriate Government account.

4. Learned Counsel for the petitioners submits that the petitioners undertakes to repay the rest amount, if outstanding, by suitable and convenient date fixed by the appropriate authority.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their 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.

6. The concerned Arresting Officer is hereby directed to act upon

the server copy of this order.

7. Within 21 days from today each of 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.

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

9. The application being CRM (A) 2961 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)