Sri Panchanan Pal v. State Of West Bengal

C.R.M. (SB) 220 of 2023 D/L7 07.12.2023 Bpg.

In Re: An application under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Serampore Police Station Case No.414 of 2019 dated September 19, 2019 under Sections 420/468/471/120B/406/409 of the Indian Penal Code and charge-sheet submitted under Sections 420/468/471/120B/406 of the Indian Penal Code;

Sri Panchanan Pal

Versus

The State of West Bengal Mr. Dipanjan Chatterjee Ms. Dipika Banu Mr. S. Chakraborty Ms. Bolivia Roy.

...for the petitioner.

Mr. Antarikhya Basu.

...for the State.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner is in custody for about 38 days. The investigation of the case has already been concluded and the petitioner happens to be a borrower. It has further been submitted that similarly placed accused persons are already on bail. Mr. Basu, learned advocate appearing for the State opposes the prayer for bail and submits that the present petitioner was absconding for a considerable period of time while the other accused who have been granted bail as law abiding citizens appeared within close proximity of time and were granted anticipatory bail in 2020 and 2021.

Be that as it may, the petitioner is in custody for about 38 days. So far as the allegations are concerned, the petitioner is

responsible for borrowing approximately Rs.3.22 lakhs. Having considered the period of detention of the petitioner and the fact that the investigation has been concluded, I am of the view that further detention of the petitioner is unwarranted.

Accordingly, the petitioner namely, Sri Panchanan Pal shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local to the satisfaction of the learned ACJM, Serampore, Hooghly.

If on bail, the petitioner for the next six months would meet with the Inspector-in-Charge, Serampore Police Station or any Officer authorized by him once in a week. A monthly report be sent regarding his appearance to the learned ACJM, Serampore. In case there is violation of condition, learned ACJM, Serampore will be at liberty to cancel the bail of the petitioner without further reference to this Court.

With the aforesaid observations, CRM (SB) 220 of 2023 is allowed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)