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Calcutta High CourtCRM (A)/5406/2022allowed

Debu Joardar v. State Of West Bengal

2022-11-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

23.11.2022 Serial no.58 Aloke CRM (A) 5406 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogolbaria Police Station Case No. 249 of 2022 dated 04.08.2022 under Sections 420/406/34 of the Indian Penal Code.

-AndIn the matter of : Debu Joardar ... ... Petitioner Ms. Ssananda Bhattacharyya, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Apparently, the alleged defalcated amount stands returned to the authorities.

Another co-accused was enlarged on anticipatory bail by an order dated November 7, 2022 passed in CRM (A) 4614 of 2022. In such circumstances, 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 condition that the petitioner will report before the Investigating Officer once in a month till the conclusion of the investigation 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) 5406 of 2022 is disposed of.

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