Arabinda Das Vs the State of West Bengal and Ors. — Anticipatory Bail | Calcutta HC (2024)

Arabinda Das Vs the State of West Bengal and Ors. — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: in the event of arrest, petitioner Arabinda Das to be released on bail upon a bond of Rs.10,000/- with two registered sureties of like amount each, subject to Section 438(2) CrPC conditions, weekly reporting to the Investigating Officer until final report, and appearance before the Special (Electricity Act) Cum ADJ, Asansol within two weeks; automatic cancellation on breach; statutory appeal rights against final assessment preserved.

Issue for consideration

Whether anticipatory bail under section 438 of the Code of Criminal Procedure should be granted to Arabinda Das in connection with Asansol(South) Police Station Case No. 396 of 2022 under Sections 135(1)(b)/135(1)(d) of the Electricity Act, 2003, while WBSEDCL's final assessment remains pending.

Court's answer

Having regard to the case diary materials, the petitioner's undertaking to deposit 50% of the amount provisionally assessed by WBSEDCL within one week, and his agreement to cooperate with the investigation, custodial interrogation of the petitioner is not necessary.

Ratio / Principle

In the event of arrest, the petitioner Arabinda Das is to be released on anticipatory bail upon furnishing a bond of Rs.10,000/- with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and compliance with the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973; he must meet the Investigating Officer once a week or as and when called for until submission of the final report, and appear before the learned Special (Electricity Act) Cum ADJ, Asansol, within two weeks from date in connection with the said police station case.

Key takeaways

Non-compliance with any of the bail conditions results in automatic cancellation of the anticipatory bail without further reference to the Court.ratio¶15
The order does not affect the accused's statutory right of appeal against the final assessment nor his right to raise objections during the final assessment.ratio¶16

Detailed headnote1 paragraphs

CRM (A) 2335 of 2024, High Court of Calcutta (Soumen Sen and Sugato Majumdar, JJ.), 11.07.2024 — Anticipatory bail under section 438 CrPC granted to Arabinda Das, accused in Asansol(South) Police Station Case No. 396 of 2022 dated 27.09.2022 under Sections 135(1)(b)/135(1)(d) of the Electricity Act, 2003. Petitioner undertook to deposit 50% of the amount provisionally assessed by WBSEDCL within one week and to cooperate with the investigation; the final assessment remained unconcluded. Considering the case diary and these undertakings, the Court held custodial interrogation unnecessary and directed release on arrest upon a bond of Rs.10,000/- with two registered sureties of like amount each, subject to the Arresting Officer's satisfaction and the conditions of Section 438(2) CrPC, weekly attendance on the Investigating Officer until final report, and appearance before the learned Special (Electricity Act) Cum ADJ, Asansol within two weeks; any breach effects automatic cancellation without further reference to the Court. The accused's statutory right of appeal against the final assessment and right to object during final assessment remain unaffected.

11.07.2024 Court No.29 Item No. 35 Allowed

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CRM (A) 2335 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Asansol(South) Police Station Case No. 396 of 2022 dated 27.09.2022 under Sections 135(1)(b)/135(1)(d) the Electricity Act, 2003.

And

In Re: Arabinda Das Petitioner Mr. Kunal Ganguly Mr. Kaustav Banerjee For the Petitioner Mr. Subrata Roy Mr. Ratul Ghosh For the State

Ms. Sreyashee Biswas

For WBSEDCL

Learned counsel for the petitioner submits that the petitioner shall deposit 50% of the amount provisionally assessed by WBSEDCL within one week from date.

Learned counsel for the WBSEDCL submits that the final assessment is yet to be concluded and the petitioner may be directed to cooperate in this regard.

Considering the materials available in the case diary and the fact that the petitioner has agreed to deposit 50% of the amount provisionally assessed by WBSEDCL within one week from date and shall cooperate with the investigation, we are of the view that custodial interrogation of the petitioner is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner namely, Arabinda Das shall be released on bail upon furnishing a bond of

Signed By : AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:19:24 PM

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Rs.10,000/-, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating Officer once in a week or as and when called for till the submission of the final report and on further condition that the petitioner shall appear before the learned Special (Electricity Act) Cum ADJ, Asansol, within two weeks from date in connection with Asansol(South) Police Station Case No. 396 of 2022. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

The statutory right of appeal against the final assessment if preferred by the accused, however, shall not be affected by this order. This decision shall not affect the right of the accused to raise objection during final assessment.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

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

(Soumen Sen, J)

(Sugato Majumdar, J)

Signed By : AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:19:24 PM

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Signed By : AMITAVA ROY High Court of Calcutta 12 th of July 2024 12:19:24 PM