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Calcutta High CourtCRM (A)/5870/2022allowed

Arun Mukherjee@Mukhopadhyay v. State Of West Bengal

2022-12-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

20.12.2022 Serial no. 10 [Dd] (Anticipatory bail) Allowed) CRM (A) 5870 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 486 of 2022 dated 19.10.2022 under Sections 406/409/420/120B of the Indian Penal Code. -AndIn the matter of : Arun Mukherjee @ Mukhopadhyay ... ... Petitioner Mr. Kallol Mondal, Mr. Amanul Islam, Mr. Krishan Roy, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Ms. Anasuya Sinha, Mr. Pinak Kr. Mitra, Advocate ... ...For the State Apparently, the petitioner is involved in a defalcation of a sum of Rs.50,000/-.

Learned advocate appearing for the petitioner submits that the petitioner will deposit such sum with the Learned Additional Chief Judicial Magistrate, Ranaghat forthwith. In such circumstances, the petitioner will deposit the sum of Rs.50,000/- with the Learned Additional Chief Judicial Magistrate, Ranaghat within 7 days from date. Learned Additional Chief Judicial Magistrate, Ranaghat will hold the same to the credit of the police case. He will hold with the amount so received in an interest bearing Fixed Deposit Account with any Nationalized Bank and renew the same from time to time till the disposal of the case.

Petitioner undertakes to cooperate with the investigation with regard to his signature as and when called for by the Investigating Officer.

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 further condition that the petitioner shall 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) 5870 of 2022 is disposed of.

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