Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Amit Sahoo on 20 September, 2023
29 20.09.2023
ss Allowed
CRM (DB) 3650 of 2023
In the matter of : An application for bail under section 439 of the
Code of Criminal Procedure in connection with Tamluk P.S. Case
No. 379 of 2022 dated 12.05.2022 under sections
420/406/409/467/468/471/472/473/474/475/477A/120B/413
of the Indian Penal Code.
And
In the matter of : Amit Sahoo
Mr. Amal Krishna Samanta
... ... for the petitioner
Mr. Ranabir Roy Chowdhury
Mr. Sandip Chakraborty
... ... for the State
1.Petitioner is in custody for 385 days. It is contended misappropriated money has since been recovered. He prays for bail.
2. Learned lawyer for the State submits the entire misappropriated money has not been recovered.
3. We have considered the materials on record. Substantial portion of the misappropriated money has been recovered. Co-accused are on bail. There is little possibility of concluding trial in the near future.
4. Under such circumstances, we are inclined to grant bail to the petitioner.
5. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur subject to the condition that the petitioner shall appear before the trial Court on every date of hearing until 2 further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
6. In the event the petitioner fails to do so without justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this court.
8. The application for bail is, thus, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)