Calcutta High Court (Appellete Side)
Supriya Chakraborty vs Unknown on 28 August, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 28.08.2015
pk CRM No. 7850 of 2015 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.08.15 in connection with Haldia P.S. Case No. 161/12 dated 26.12.12 under Sections 407/34 of the Indian Penal Code.
And
In the matter of:- Supriya Chakraborty
Petitioner
Mr. Pankaj Ladia for the petitioner
Mr. Aniket Mitra for the State
The petitioner, apprehending arrest in connection with Haldia P.S. Case No. 161/12 dated 26.12.12 under Sections 407/34 of the Indian Penal Code has come to this court for anticipatory bail.
Heard the learned counsel appearing on behalf of the parties. Perused the case diary.
It is the case of the de facto complainant that a truck was employed for carrying hard-coke from one place to another but the said truck never reached its destination and finally the same was found in the road in an empty condition without the Driver and the Kalashi.
It is now the case of the prosecution that the petitioner is the registered owner of the vehicle.
2It is claimed by the learned counsel for the petitioner that it is true that he is the registered owner of the vehicle but long back in the year 2008 he sold out the vehicle to one Nazrul Islam against valuable consideration and executed all the sales documents and it may be that the name of the ownership was not transferred.
Investigation is over and charge sheet has been submitted. We have gone through the case diary and considering the materials collected during investigation and the role attributed to the petitioner in the commission of the offence and when no case is made out that even after submission of the charge sheet the petitioner's custodial interrogation is necessary, we allow the petitioner's prayer for anticipatory bail. It is, therefore, directed that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail to the satisfaction of the Arresting Officer upon furnishing a bond of Rs.5,000/- and on further condition that after release the petitioner shall surrender before the regular court within one week thereafter. If not arrested within a period of one week, the petitioner shall surrender before the proper court as investigation is over and charge sheet has already been submitted within two weeks thereafter.
3The application for anticipatory bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)