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Calcutta High CourtCRM (A)/4317/2023dismissed as rejected

Sanjoy Ghosh @ Sanjay Ghosh @ Debabrata And ANR v. State Of West Bengal

2024-01-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

09.01.2024 Item No.186 Ct. No. 29 CHC Rejected C.R.M.(A) 4317 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purbasthali Police Station Case No. 268 of 2022 dated 27.11.2022 under Sections 420/406/34 of the Indian Penal Code, 1860. And In the matter of : Sanjoy Ghosh @ Sanjay Ghosh @ Debabrata & anr.

...... petitioners Ms. Sonali Das ....for the petitioners Mr. Joydeep Roy, Ld. Jr. Govt. Adv.

Ms. Sujata Das ....for the State The application is taken up for consideration subsequent to order dated January 3, 2024.

By such order, the application was adjourned till date. Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by a coordinate Bench. By such order, coordinate Bench granted interim anticipatory bail to the petitioners.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

Both the petitioners are involved in extracting money from the de facto complainant. Bank account of the petitioner no.2 was utilized.

Money is yet to be refunded.

The role of the petitioners require investigation. In such circumstances, we are unable to confirm the interim order dated October 16, 2023 or grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 4317 of 2023 is disposed of.

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