The court granted anticipatory bail to Gangadhar Mondal apprehending arrest in a case regarding non-payment of amount and violation of Mines and Minerals Act. The amount was deposited during pendency of the application.
The petitioner was granted anticipatory bail on furnishing a bond of Rs. 10,000/- with two sureties of like amount.
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01.07.2021 Court No.30 Sdas 9
C.R.M. 2508 of 2020
(Via video Conference)
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;
And In Re: Gangadhar Mondal ……Petitioner.
Mr. Ranjan Chakrabarti Mr. Ritam Chowdhury ….for the Petitioner.
Mr. Saibal Bapuli, learned APP Mr. Soumik Ganguli ….for the State
Apprehending arrest in connection with Mayureswar Police Station Case No. 157 of 2019 dated 22.08.2019 under Sections 379/411/413/414 of the Indian Penal Code and Section 21 of the Mines and Minerals Act, the petitioner has filed the present application.
Mr. Chakrabarti, learned advocate appearing for the petitioner submits that a complaint was lodged against him alleging non-payment of an amount of Rs.1,05,323/-. He further submits that the said amount has already been paid during pendency of the present application.
Mr. Bapuli, learned advocate appearing for the State, submits a report wherefrom it appears that the petitioner has deposited the said amount of Rs.1,05,323/- on 20th September, 2019. Let the said report, as filed, be kept on record.
In the said conspectus, we are of the opinion that custodial interrogation of the petitioner is not warranted.
2
Accordingly, we direct that in the event of arrest the petitioner, namely, Gangadhar Mondal , shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail, being CRM No. 2508 of 2020, is, thus, disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Sections 379/411/413/414 IPC.
Whether remuneration payment satisfies the condition for custodial interrogation.
2 provisions across 1 enactments
Gangadhar Mondal
The State
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
