Calcutta High CourtCRM (A)/5759/2022allowed

Soumen Pramanik And ORS v. State Of West Bengal

2022-12-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5759 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hogalbaria Police Station Case No. 249 of 2022 dated 04.08.2022 under Sections 420/406/34 of the Indian Penal Code. And In the matter of: Soumen Pramanik & Ors.

....petitioners.

Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

The petitioners claim for parity with the other co-accused 12.12.2022 Sl.40 Court No.29 (AD) (Allowed) who was enlarged on anticipatory bail by the order dated November 7, 2022 passed in CRM (A) 4614 of 2022. State is represented.

It appears that the entire defalcated amount was returned to the authorities.

Co-accused was enlarged on anticipatory bail by the order dated November 7, 2022 passed in CRM (A) 4614 of 2022. In such circumstances, we grant anticipatory bail to the petitioners inter alia on the ground of parity. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that

the petitioners will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5759 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)