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Prosenjit Dhali vs The State Of West Bengal on 13 April, 2022

Bench: A.M. Khanwilkar, Abhay S. Oka

                                                    1

     ITEM NO.19                            COURT NO.3                 SECTION II-B

                                 S U P R E M E C O U R T O F      I N D I A
                                         RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                 No(s).    3345/2022

     (Arising out of impugned final judgment and order dated 11-12-2020
     in CRM No. 9741/2020 passed by the High Court At Calcutta)

     PROSENJIT DHALI                                                   Petitioner(s)

                                                   VERSUS

     THE STATE OF WEST BENGAL                                          Respondent(s)

     (FOR ADMISSION and I.R. )

     Date : 13-04-2022 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE A.M. KHANWILKAR
                            HON'BLE MR. JUSTICE ABHAY S. OKA


     For Petitioner(s)                Mr. Piyush K. Roy, Adv.
                                      Mrs. Kakali Roy, Adv.
                                      Ms. Ankita Sharma, Adv.
                                      Mr. Rajan K. Chourasia, AOR

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Although, the High Court has adverted to Section 4 of the Prevention of Money Laundering Act, 2002, it is urged on behalf of the petitioner that the said offence has been quashed in terms of order dated 09.03.2022 in CRR Signature Not Verified No. 1794 of 2020 and the FIR in question is now confined Digitally signed by DEEPAK SINGH Date: 2022.04.13 18:45:55 IST Reason: to offence under Sections 406 and 409 of the Indian Penal Code.

Even if this contention is to be accepted as it is, in the fact situation of the present case, we are not inclined to entertain the prayer for anticipatory bail. The special leave petition is dismissed accordingly.

However, dismissal of this special leave petition will not come in the way of the petitioner to pursue regular bail application in connection with FIR No. 979 of 2019 registered at P.S. Basirhat, District-North 24 Parganas, which he may file within two weeks from today after surrendering before the concerned Court. Till then, no coercive steps be taken against the petitioner, but the petitioner shall make himself available before the Investigating Officer as and when required in connection with the investigation of the subject case. If 48 hours advance notice is given to the local public prosecutor before moving the bail application, the concerned Court may decide the bail application preferably on the same day on its own merits and in accordance with law, uninfluenced by any observation made in the impugned judgment and order.

Pending applications, if any, stand disposed of.

(DEEPAK SINGH)                                           (VIDYA NEGI)
COURT MASTER (SH)                                         COURT MASTER (NSH)