Mahasweta Chakraborty v. State Of West Bengal And ANR

22.03.2024 Serial no. 58 [G.S.D] CRM(SB) 232 of 2023 In the matter of : Mahasweta Chakraborty ... ... Petitioner Mr. Amarta Ghose Ms. Rituparna De Ghose Mr. Siddhartha Paul Mr. Souryadeep Ghosh ... for the petitioner Mr. Bitasok Banerjee ... for the State Mr. Sourav Chatterjee Mr.Soumyajit Das Mahapatra Ms. Rajlaxmi Mukherjee Ms. Madhurai Sinha ... for the o.p. no.2 Affidavit in opposition and Affidavit in reply so filed by the o.p. and the petitioner respectively be kept with the record.

I have considered the case diary which has been presented before this court by the ld. Advocate for the State.

I find that the Eco Park Police Station Case No. 97 of 2023 dated 4.5.2023 was registered for investigation under sections 498A/406/506 of the IPC.

Ld. Advocate for the State on being questioned, refers to a particular statement being recorded, that of the complainant.

Mr. Ghose, ld. Advocate appearing for the petitioner, submits that the o.p. from time to time has pressurized

and extorted the sum of Rs.30 lakh from the present petitioner and the said documents were never collected by the investigating agency.

It has also been contended that the petitioner is being stalked and threatened pursuant to the o.p. being released on bail.

It has additionally been submitted that the prayer in respect of further investigation has been preferred by the present petitioner, which is pending before the ld. CJM, Barasat.

I find from the order dated 15.5.2023 that the ld. Magistrate granted interim bail on a consideration that the o.p. complied with the provisions of section 41A of the cr.p.c. and there was no objection raised by the ld. Advocate representing the State.

The case diary also reflects that charge-sheet was submitted on or about 24th of May, 2023.

Having taken into account the totality of the circumstances, at this stage, I do not find any reason to interfere with the order of interim bail so granted which is the subject-matter of challenge before this court. However, as the application for further investigation is pending before the ld. CJM, Barasat, the ld. Magistrate would consider the same and dispose the same on the next date so fixed.

With the aforesaid observations, CRM(SB) 232 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)