Criminal

Sumanta Das vs State Of West Bengal

Local surety also includes a man of repute in the locality having permanent home and address, having permanent profession. Even an employee of corporation or a government servant may appear as local surety. In that view of this case the petitioner is at liberty to file the bond in terms of the order passed by learned Sessions Judge as local surety instead of a person having only registered deed.

DATE: 17 November, 2017

Calcutta High Court

(Appellete Side)

Court No.35

Sumanta Das vs State Of West Bengal

CRR 3551 of 2017

Mr. Amitabha Ghosh …….For the Petitioner

Mr. Ayan Basu Mr. Saryati Datta …..For the State

Debi Prosad Dey [ J ]

This application under Section 482 read with Section 401 of the Code of Criminal Procedure has been filed challenging the order dated 25.10.2017 passed by learned Sessions Judge, Alipore, South 24 Parganas in connection with Criminal Miscellaneous Case No.6292 of 2017 arising out of order dated 16.10.2017 passed by learned Sessions Judge, Alipore, South 24 Parganas in connection with C.M.C. No. 6292 of 2017 in connection with anticipatory bail arising out of Tollygange Police Station Case No. 168 of 2017 dated 28.06.2017 corresponding to G. R. Case No. 2668 of 2017 under Sections 120B/379/420/408/467/468/471 of the Indian Penal Code pending before the court of learned Chief Judicial Magistrate, Alipore, South 24 Parganas.

Having considered the submissions of both parties and after going through the materials on record it is crystal clear that learned Sessions Judge directed the petitioner to be released on bail upon furnishing bond of Rs. 40,000/- with two sureties of Rs.20,000/- each one of whom must be local person having registered deed subject to the satisfaction of learned Chief Judicial Magistrate, Alipore and also on further condition that the petitioner shall meet the Investigating Officer twice in a week. The petitioner could not arrange for any person having registered deed and the petitioner would be permitted to submit a local surety instead of a person having registered deed.

Local surety also includes a man of repute in the locality having permanent home and address, having permanent profession. Even an employee of corporation or a government servant may appear as local surety. In that view of this case the petitioner is at liberty to file the bond in terms of the order passed by learned Sessions Judge as local surety instead of a person having only registered deed. With this modification criminal application is disposed of.

Let a copy of this order be sent to learned Chief Judicial Magistrate, Alipore for information and necessary compliance.

( Debi Prosad Dey, J. )

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