Habibul Mondal v. State Of West Bengal

11.01.2021 Court No.28 Item No. 84 Krishnendu REJECTED CRM 10678 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Pradyot Kumar Kandar ......Petitioner Ms. Minati Gomes Mr. Mazhar Hossain Chowdhury ....For the Petitioner Mr. Sudip Ghosh Mr. A.K. Datta Mr. Bitasok Banerjee .......For the State Apprehending arrest in connection with Tamluk P. S. Case No. 81 of 2013 dated 27.02.2013 under sections 409/34 of the Indian Penal Code, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the present case is based on documents and the petitioner was working as an Executive Engineer in the office of the Srirampur -I Gram Panchayat. Additionally, the advocate point out to an order passed in C.R.M. 599 of 2019 and submits that similarly placed accused has already been granted anticipatory bail.

Mr. Banerjee, learned advocate appearing for the State opposes the application and submits that the petitioner was the signing authority of the cheques. Be that as it may, the case was initiated in the year

2013 and till date nothing could progress in the case because of the accused persons absconding for such a long period of time. In view of the nature of evidence involved in the Government office and in respect of a Central Government scheme, we are not inclined to extend the privilege of anticipatory bail to the petitioner. As such, the prayer for anticipatory bail is rejected. This application for anticipatory bail is, thus, disposed of. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)