Calcutta High Court (Appellete Side)
In Re:- Sanat Kumar Dutta vs Re: An Application For Bail Under ... on 23 February, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 33 23.2.2017
C.R.M. No.1483 of 2017 p.d.
In re:- Sanat Kumar Dutta .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 22.2.2017 in connection with Goghat Police Station Case No.456/2015 dated 17.8.2015 under Sections 406/409/120B of the Indian Penal Code.
Mr. Sandipan Ganguly, Ms. Sreyashee Biswas, Mr. Arkadeb Bhattacharya ... For the petitioner.
Mr. Partha Pratim Das .... For the State. Heard the learned Advocates appearing on behalf of the parties. Perused the cased diary.
The petitioner is in custody for 103 days and investigation is over and charge sheet has been submitted.
It is the case against the petitioner that during his tenure as a sub-Postmaster of Bengai sub-Post Office, Hooghly, he allowed payment in cash, in case of premature withdrawal. It is the further case against him that there was no application in prescribed form for withdrawal on premature closure and only against the withdrawal forms, payments were made.
However, the learned Counsel for the State, has not disputed that the signatures of the depositors in the withdrawal forms, are genuine.
Having regard to the facts, as above and considering the petitioner's length of detention in custody and when no case is made out from the side of the State showing that further custodial detention of the petitioner is necessary even after submission of the 2 charge sheet or if he is released on bail, he is likely to abscond, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly subject to the condition that after release, the petitioner shall not leave the jurisdiction of Goghat Police Station except for the purpose of attending the court's proceedings and he shall report to the Investigating Officer of the case thrice in every week, until further orders.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Debi Prosad Dey, J.)