Single judge order granting anticipatory bail to the petitioner in connection with an electricity offence case, noting partial compliance with a prior order and annexation of a bond.
Anticipatory bail granted; petitioner to release upon furnishing bond of Rs.10,000 with two sureties and complying with court appearance conditions.
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22.02.2023
Sl.6 Court No.29 C.R.M. (A) 494 of 2023 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Katwa Police Station Case No. 976 of 2022 dated 09.12.2022 under Sections 135(1)(a)(b) of the Electricity Act, 2003 as amended by Electricity (Amendment) Act, 2007. And In the matter of: Imamuddin Mollah ….petitioner. Mr. Ali Ahsan Alamgir Mr. Atarul Hoque Molla Ms. Rabia Khatoon Ms. June Modak …for the petitioner. Ms. Kum Kum Mitra …for the State. Mr. Aniket Mitra … for the WBSEDCL.
Petitioner prays for anticipatory bail.
Pursuant to an order dated February 6, 2023, the petitioner deposited 50 per cent of the final assessment bill with the distribution company.
In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein and the fact that the petitioner complied with the order dated February 6, 2023, we grant 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.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 and on condition that the petitioner will
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report before the Investigating Officer as and when called for till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
C.R.M. (A) 494 of 2023 is, thus, disposed of.
(Md. Shabbar Rashidi, J.)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the specified police case.
2 provisions across 2 enactments
Imamuddin Mollah
The State
WBSEDCL
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
