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Calcutta High CourtCRR/3165/2024disposed

Manas Adhikary v. State Of West Bengal And ANR

2025-01-08Hon'Ble Justice Suvra Ghosh2 pages

08-01-2025 Ct. No.34 b.das CRR No. 3165 of 2024 In the matter of :

Manas Adhikary .. petitioner.

Mr. Dhananjay Banerjee ...for the petitioner.

Ms. Sujata Das Ms. Kanchan Roy ...for the State.

Affidavit of service filed by the petitioner is taken on record.

Heard learned counsels for the parties.

Learned counsel for the petitioner seeks modification of the order dated 19th June, 2024 passed by the learned Special Judge, Raiganj, Uttar Dinajpur in Special Electricity Case No.155 of 2023 directing release of the seized vehicle in his favour upon furnishing bank guarantee of Rs.4,50,000/- subject to certain conditions. Learned counsel for the petitioner submits that the vehicle in question belonging to the petitioner hit pole structure of the West Bengal State Electricity Distribution Company causing financial loss to the company to the tune of about Rs.60,000/-.

The company claimed Rs.45,445/- from the petitioner to indemnify the said loss and the entire amount was paid by the petitioner on 20th June, 2024.

The petitioner seeks to furnish bond of equivalent amount instead of bank guarantee for return of his vehicle.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the loss has been indemnified by the petitioner, the order impugned be modified to the extent that the seized vehicle be returned to the petitioner/registered owner on furnishing bond of Rs.4,50,000/- instead of bank guarantee of the same amount subject to the conditions laid down in the order.

The revisional application being CRR 3165 of 2024 is disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )