Papan Pramanik v. The State Of West Bengal And ANR

04.09.2024 Court No.29 Item No. 6 Allowed sg CRM (A) 2488 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Khejuri Police Station Case No. 240 of 2024 dated 12.06.2024 under Sections 135(1)(a) of the Electricity Act 2003 read with amendment Act, 2007. And In Re: Papan Pramanik Petitioner Ms. Jharna Biswas Mr. Saibal Mondal Mr. Biswajit Das For the Petitioner Ms. Eshita Dutta For the State Ms. Sreyashee Biswas For the WBSEDCL 1.

We have heard the learned counsel appearing for the parties. 2.

Learned counsel for the petitioner undertakes that the petitioner shall deposit 50% of the amount finally assessed by WBSEDCL within four weeks from date.

3. It is submitted on behalf of the State that charge sheet has not been submitted. 4.

Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation and nature of offence, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer of 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 condition that :

Signed By :

SANJIB GHOSH High Court of Calcutta 4 th of September 2024 06:07:27 PM

i.

On payment of the 50 per cent amount as undertaken, a copy of the receipt thereof duly authenticated by the petitioner or his advocate shall be filed before the Court in seisin over the matter within 15 days of the deposit.

ii.

If the petitioner fails to comply the aforesaid condition, the liberty of anticipatory bail granted today shall be cancelled without reference to the Bench.

5.

The petitioner is directed to appear before the I.O. as and when required. 6.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.] 7.

The report filed by the WBSEDCL in Court is kept with the record. 8.

We make it clear that we have not gone into the merits of the matter. In the event an appeal is preferred, the appellate authority shall decide it on merits without being influenced by the observation of this order.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Shampa Dutt (Paul), J.)