The court allowed an anticipatory bail application under CrPC 438 in a cheque dishonour case arising under the Electricity Act. It directed release upon furnishing a Rs. 2,000 bond and two sureties.
Anticipatory bail granted, conditional on releasing a bond of Rs. 2,000 with two sureties of equal amount upon arrest.
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28.07.2023 tkm/ct 28 suppl no. 4
C.R.M. (A) 2761 of 2023
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Thakurpukur P.S case no. 186 dated 24.6.2023 under section 135/138 of the Electricity Act, 2003
Allowed
In Re : Partha Ganguly …… petitioner Mr. I Haldrer …… for the petitioner Mr. Gautam Banerjee …… for the State Ms. Sreyashee Biswas …… for CESC
It is submitted on behalf of the petitioner that he has deposited the entire final assessment bill raised upon him.
This is not disputed by the learned lawyer for the CESC Ltd.
In view of the aforesaid fact and bearing in mind the nature of allegations, we are inclined in granting anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 2,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.
The application being CRM (A) 2761 of 2023 is disposed of.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether anticipatory bail should be granted in a cheque dishonour case under the Electricity Act where the final assessment bill has been paid.
2 provisions across 2 enactments
Partha Ganguly
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
