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Calcutta High CourtCRM (DB)/2181/2024allowed

Suraj Jha v. The State Of West Bengal

2024-07-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

30.7.2024 Ct. No. 6 SL No. 58 SB / Tanmoy C.R.M. (DB) 2181 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Burtolla P.S. Case No. 82 dated 16.5.2021 under Sections 419/394/397/411/34 of the Indian Penal Code.

And In the matter of: Suraj Jha Mr. Anirban Mitra Mr. Amit Halder ...for the Petitioner Mr. Kaushik Biswas Mr. Dipankar Paramanick ....for the State

1. Learned counsel for the petitioner submits the petitioner is in custody for 155 days. He was on bail earlier. Due to miscommunication he was unable to appear before the Trial Court and his prayer came to be cancelled.

2. Learned counsel for the State submits petitioner personated himself as police personnel and misappropriated money.

3. We have considered the materials on record. Though the allegations are serious, petitioner had been enlarged on bail earlier. Due to circumstances beyond control he failed to appear before the trial Court and his prayer came to be cancelled.

4. Under such circumstances we are inclined to release the petitioner on bail.

5. Accordingly, we direct the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Metropolitan Magistrate, Calcutta subject to condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:19:52 PM

intimidate witnesses and/or tamper with evidence in any manner whatsoever and on further condition while on bail the petitioner shall remain within the jurisdiction of metropolitan city of Calcutta and shall report to the officer-in-charge, Topsia police station once in a week until further order.

6. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:19:52 PM