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Calcutta High CourtCRM (A)/4444/2023dismissed as rejected

Panchanan Maity v. State Of West Bengal

2024-01-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

04.01.2024 Ct. No. 29 S.D.

C.R.M.(A) 4444 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 445 of 2023 dated 3.6.2023 under Section 406/420/506 of the Indian Penal Code.

And In Re : Panchanan Maity ...... petitioner Mr. Partha Pratim Das Ms. Eshita Dutta ...for the State Mr. Soumyajit Das Mahapatra Ms. Madhuri Sinha ..for the defacto-complainant None appears in support of the petition.

State and the defacto-complainant are represented. There subsists an order dated October 16, 2023 passed by the Coordinate Bench granting interim anticipatory bail to the petitioner.

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.

We find that the petitioner collected money from the members of the public including the defacto-complainant on the promise of providing Government job.

Complicity of the petitioner in the offence alleged requires investigation.

Enlarging the petitioner on anticipatory bail will be inimical to the investigation.

In such circumstances, we are unable to confirm the interim order dated October 16, 2023 or grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 4444 of 2023 is dismissed.

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