Rajesh Shekh v. State Of West Bengal
10.01.2024 Item No.18 Ct. No. 29 CHC Allowed C.R.M.(A) 4799 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kolaghat Police Station Case No. 0544/2023 dated 23.08.2023 under Sections 406/420 of the Indian Penal Code.
And In the matter of : Rajesh Shekh ...... petitioner Ms. Pampa Dey (Dhabal) ....for the petitioner Mr. Prasun Kr. Datta, Ld. A.P.P Mr. Nirupam Dhali ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023.
By such order, coordinate Bench granted 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.
Petitioner before us is the driver of a vehicle. Owner of the vehicle was enlarged on bail by the jurisdictional Court. In such circumstances, we confirm the interim order dated October 17, 2023.
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 petitioner shall meet the Investigating Officer once in a month till the conclusion of investigation and on 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. This application for anticipatory bail is, thus, allowed. CRM(A) 4799 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)