Calcutta High CourtCRM (A)/4807/2022allowed

Shree Prakash Jaiswal v. State Of West Bengal

2022-11-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.11.2022 Serial no.43 Aloke CRM (A) 4807 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Asansol North Police Station Case No. 76 of 2022 dated 03.03.2022 under Sections 341/323/354B/420/494/120B/34 of the Indian Penal Code and charge-sheet submitted under Section 341/323/354B/120B/34 of the Indian Penal Code.

-AndIn the matter of : Shree Prakash Jaiswal ... ... Petitioner Mr. Bharat Bhushan, Advocate Mr. Atindra Nath Misra, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Mr. Aniket Mitra, Advocate Ms. Jonaki Saha, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Leave granted to the learned Advocate appearing for the petitioner to correct the cause title.

The Court is informed that the police filed charge-sheet. In the charge-sheet, the police did not charge the petitioner with Section 494 of the Indian Penal Code. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court

including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4807 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)