Calcutta High Court (Appellete Side)
Gursimran Singh vs Sarabpreet Kaur & Anr on 26 September, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
S/L No.42 &
43
C.R.M. 5111 of 2018
26.09.2018
Ct-34 In Re: - An application for anticipatory bail under Section 438 of (AD) the Code of Criminal Procedure filed on 20/07/2018 in connection with Contai P.S. Case No. 140/17 dated 17/05/2017 under Sections 420/406/409/120B of the Indian Penal Code.
And In the matter of: Gursimran Singh ....petitioner.
Mr. Sekhar Basu Mr. Rajdeep Mazumder Mr. Daanish Haque Ms. Arushi Rathore ...for the petitioner.
Mr. Madhusudan Sur Mr. Debajyoti Deb ...for the State.
With C.R.M. 5414 of 2018 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30/07/2018 in connection with Contai P.S. Case No. 140/17 dated 17/05/2017 under Sections 406/409/420/120B of the Indian Penal Code.
And In the matter of: Sarabpreet Kaur & Anr.
....petitioners.
Mr. Samit Talukder Mr. Arindam Jana ...for the petitioners.
Mr. Swasta Gopal Mukherjee Mr. Debajyoti Deb ...for the State.
The petitioner in C.R.M. 5111 of 2018 seeks anticipatory bail in connection with Contai P.S. Case No. 140/17 dated 17/05/2017 under Sections 420/406/409/120B of the Indian Penal Code and the petitioners in C.R.M. 5414 of 2018 seek anticipatory bail in connection with Contai P.S. Case No. 140/17 2 dated 17/05/2017 under Sections 406/409/420/120B of the Indian Penal Code.
The State produces a copy of letter dated September 17, 2018 issued by the Balageria Central Co-operative Bank Ltd. to the effect that Downtown Temptations Pvt. Ltd has agreed that an amount of Rs.3.95 crore as received by such company from S.R. Green House Ltd would be refunded and a sum of Rs.62.50 lakh has already been refunded by three cheques dated July 16, August 16 and September 3, 2018. The cheques also appear to have been cleared according to the relevant letter.
The letter also adds that company Downtown has mortgaged 0.257 acre of land in favour of the bank on September 10, 2018 "to secure their commitment of money refund." The estimated value of the land is said to be Rs.6.53 crore.
In view of such letter issued by the complainant bank, there does not appear to be any need to take the petitioner in C.R.M. 5111 of 2018 and the petitioners in C.R.M. 5414 of 2018 into custody.
Accordingly, in the event of arrest, the petitioners are directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of Rs.5,000/- (Rupees Five Thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioners will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
The petitions for anticipatory bails are allowed on the conditions indicated above.
A certified copy of this order be immediately made 3 available to the petitioners, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) (Abhijit Gangopadhyay, J.) 4