Allowed

Madhab Chandra Das v. State of West Bengal

Calcutta HC11 Mar 2021CRM/10756/2020

Case brief

AI extract

What is this about?

Criminal Bench allowed an application for anticipatory bail to the petitioner in a cheating case. The court directed surrender within four weeks so that a magistrates court could verify the deposited loan amount and interest before granting bail upon furnishing a bond and sureties.

What did the court decide?

Petitioner granted bail upon surrender within four weeks and successful verification by Magistrate of deposit of Rs. 65,000 and interest of Rs. 22,000, subject to bond and sureties.

Madhab Chandra Das Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2021)

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11.03.2021 Item No.11 Ct.No.28 Subha Allowed

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C.R.M. 10756 of 2020

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(Via Video Conference)

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In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

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And

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In the matter of : Madhab Chandra Das ... Petitioner.

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Mr. Arindam Jana Mr. Sumanta Das ... For the Petitioners.

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Mr. Saibal Bapuli Mr. Soumik Ganguli

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... For the State.

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The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Durgachak P.S. Case No. 149 of 2019 dated 24-09-2019 under Sections 420/406/409/467/468/120B of the Indian Penal Code.

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Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner had taken a loan of Rs.65,000/- depositing co lateral of gold jewellery.

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Today when the matter is taken up for hearing, the learned advocate hands over a receipt stating that a sum of

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RS.65,000/- was deposited in the name of Syndicate Bank bearing A /c. No. 955269940000125 on 10^th March, 2021.

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It has further been submitted that the interest which accrued is to the extent of Rs.22,000/- till date.

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Mr. Bapuli, learned Additional Public Prosecutor appearing for the State submits that the Investigating Authorities had not been informed regarding the deposit, however, the gold jewellery which were kept with the bank as co lateral jewellery were found to be questionable in nature.

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In view of the aforesaid circumstances, we direct the learned Additional Chief Judicial Magistrate, Haldia, Purba Medinipur that in case the petitioner surrenders before the said court within a period of four weeks from date, the learned court would check regarding the authenticity of the deposit, which would include the sum of Rs.65,000/towards the principal sum of loan and the accrued interest of Rs.22,000/- till date or as stated by the bank authorities.

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In case such deposit of Rs.87,000/- is found to be completed by the petitioner, the learned Additional chief Judicial Magistrate, Haldia, Purba Medinipur would release the petitioner namely, Madhab Chandra Das on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local.

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The petitioner shall not be arrested for a period of four weeks from date, for providing opportunity to him to

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surrender/appear before the Learned Additional Chief Judicial Magistrate, Haldia, Purba Mednipur.

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The application for anticipatory bail being CRM 10756 of 2020 is, accordingly, disposed of.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)

Madhab Chandra Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Madhab Chandra Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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