Calcutta High Court (Appellete Side)
Moloy Kanti Ghosh @ Malay Kanti Ghosh @ ... vs The State Of West Bengal on 13 June, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 4 13.06.2013
sm In the High Court at Calcutta Criminal Miscellaneous Jurisdiction CRM No.8011 of 2013 Moloy Kanti Ghosh @ Malay Kanti Ghosh @ Gopal v.
The State of West Bengal Mr.Milan Kumar Mukherjee Mr.Suman Chakraborty .. for the petitioner.
Mr.Manjit Singh, PP Mr.Pradipta Ganguly. .. for the State.
The petitioner accused of offences under ss. 464/ 465/466/467/468/471/472/473/474/475/476/477/ 120B IPC and in custody from April 30, 2013 is seeking bail under s.439 CrPC.
Mr.Mukherjee appearing for the petitioner has submitted as follows. The incident is of 2009. The power of attorney giving rise to all the troubles was executed by a dead person who was identified by her son. The petitioner was given the power of attorney using which he sold the property to one Raj Kumar Agarwal also an accused in the case. All the offences are triable by the Magistrate. The petitioner is in jail custody (initially he was in police custody). It is a document based case.
Mr.Public Prosecutor has opposed the bail submitting as follows. Ten persons have been accused of the offences. Three have been arrested. Others are absconding. The 2 materials available in the case diary overwhelmingly support the prosecution case against the petitioner.
We have examined the facts and circumstances of the case and the materials in the case diary. The relevant documents have been seized. The person who purchased the property is an accused. He filed a counter case making allegation against the petitioner. The petitioner is in jail custody.
We do not see how the petitioner's custody is going to help the Investigating Officer who is yet to apprehend the absconding accused persons. In our opinion, it is not necessary to keep the petitioner in custody. It is a document based case and the relevant documents have been seized. We think in the interest of justice the petitioner should be released on bail.
For these reasons, we allow the CRM and direct that the petitioner shall be released on bail on a Rs.60,000 bond with two sureties of Rs.30,000 each - all to the satisfaction of the CJM, Howrah; and that if released, he shall report to the Investigating Officer twice in a week. Certified xerox.
(Jayanta Kumar Biswas,J.) (Subal Baidya, J.) 3