Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Tapan Sikdar on 5 July, 2019
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
1 117 05.07.2019
ss C.R.M. 4995 of 2019 In the matter of : An application for bail under section 439 of the Code of Criminal Procedure filed on 04.06.2019 in connection with New Barrackpore P.S. Case No. 240 of 2016 dated 22.09.2016 under section 135(1)(a) of Electricity Act.
And In the matter of : Tapan Sikdar ... ... petitioner Mr. Debasis Kar, Mr. Shyamal Krishan Deb ... ... for the petitioner Mr. Mirza Firoz Ahmed Begg ... ... for the State Mr. Aniket Mitra ... ... for the WBSEDCL It is submitted by the learned counsel appearing for the petitioner that the petitioner is in custody for 80 days and has paid an amount of Rs. 35,000/- (Rupees thirty five thousand) as an ad hoc payment in respect of assessed amount of Rs. 1,55,289/- (Rupees one lakh fifty five thousand two hundered and eighty nine) which has been assessed by WBSEDCL. It is further submitted that further detention of the petitioner is not necessary in the facts of this case as both the investigation and assessment are over.
Learned counsel appearing for the State opposes the prayer for bail. 2 Having considered the nature of allegations and the period of detention suffered by the petitioner and the fact that the illegal electricity has already been disconnected, I am of the opinion that further detention of the petitioner is not necessary in the facts and circumstances of the case.
Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas subject to the condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate the witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to do so without justifiable cause, the trial Court shall be at liberty to cancel his bail without further reference to this court.
The application for bail is, thus, allowed.
(Rajarshi Bharadwaj, J.)