CRM (A)/2979/2024
2024 Latest Caselaw 4587 Cal

Citation : 2024 Latest Caselaw 4587 Cal
Judgement Date : 6 September, 2024

Calcutta High Court (Appellete Side)

CRM (A)/2979/2024 on 6 September, 2024

Author: Soumen Sen

Bench: Soumen Sen

                    06.09.2024
                    Court No.29
                    Item No.07
                      Allowed

                       ar

                                                          CRM (A) 2979 of 2024

                                  In Re:- An application for anticipatory bail under Section 438 of the Criminal
                                  Procedure Code corresponding to 482 of the Bharatiya Nagarik Suraksha
                                  Sanhita, 2023 in connection with Baruipur Police Station Case No. 1230 of
                                  2024 dated 01.08.2024 corresponding to G.R Case No. 5546 of 2024 under
                                  Sections 409/420 of the Indian Penal Code.

                                  In Re: Rajendra Datta

                                  Mr. Sabyasachi Chatterjee
                                  Mr. Debabrata Mondal
                                  Sk. Kiran
                                  Mr. Dinesh Chandra Mondal
                                  Mr. Bomrul Karim
                                  Mr. Mir Anwar                            For the Petitioner

                                  Mr. Saibal Bapuli, Ld. APP
                                  Ms. Rajashree Tah                      For the State



                                   1.

Learned counsel for the petitioner submits that malicious proceeding has

been initiated against the petitioner by filing multiple FIRs arising out of

the same events.

2. Mr. Sabyasachi Chatterjee, learned counsel for the petitioner, submits that

in view of the judgment of the Hon'ble Supreme Court in the case of T.T

Antony, reported in (2001)6 SCC 181 there can be no second FIR and no

fresh investigation on receipt of every subsequent information in respect

of the same cognizable offence or same occurrence giving rise to one or

more cognizable offence. The relevant paragraphs 18 and 19 of the said

decision. It is submitted that the petitioner was initially arrested in respect

of self-same occurrence on false charges and the coordinate bench being

satisfied granted bail to the petitioner on certain conditions when the

Signed By :

AMITAVA ROY High Court of Calcutta 9 th of September 2024 04:38:06 PM

petitioner was posted at Treasury-II and came to the office at 12.00 noon

after transaction had taken place. It is submitted that on the self-same

allegation a further FIR has been registered against the petitioner with

false charges.

3. Mr. Banerjee has also drawn our attention to the Memo of distribution of

works of Baruipur Head Office, General Branch to show that the

petitioner is the custodian of old records relating to the share of both the

treasurers. The duties entrusted to the Treasurer (Cash)-I mentioned in

paragraph 1 to 11 shall be performed by the Treasurer (Cash)-II during off

period of Treasurer (Cash)-I that is from 12.00 Hrs. - 16.00 Hrs. It is

further submitted that the petitioner was not found to be present before

12.00 Hrs. and as such the prayer for anticipatory bail of the petitioner is

considered favourably.

4. Learned counsel for the State in opposing the prayer for anticipatory bail

has referred to the statements of the few retired officials of Baruipur Post

Office and submits that the petitioner is one of the culprits who has

misappropriated huge fund. However, on enquiry it is submitted that

Pradip Marik, Treasurer-I was arrested and subsequently granted bail.

5. Considering the materials available in the case diary, the nature and extent

of complicity of the petitioner in the commission of the alleged offence

and having regard to the nature of duties and responsibilities appearing

from the Memo of distribution of works, which, prima facie, shows that

the petitioner was not entrusted with the duty of Treasurer (Cash)-I prior

to 12.00 noon and also having regard to the fact that Treasurer (Cash)-I

was enlarged on bail and the present petitioner was also enlarged on bail

in another FIR case proceeding by a coordinate bench on 23rd August,

Signed By :

AMITAVA ROY High Court of Calcutta 9 th of September 2024 04:38:06 PM

2022 on the ground that he came to office at 12.00 noon after the

transaction had taken place, we are of the view that custodial interrogation

of the petitioner is not necessary.

6. Accordingly, we direct that in the event of arrest, the petitioner, namely,

Rajendra Datta shall be released on bail upon furnishing a bond of

Rs.20,000/-, with two sureties of like amount each, one of whom must be

local, subject to the satisfaction of the Arresting Officer and also to

comply with the conditions as laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS,

2023. The petitioner shall meet the I.O once in a week till the submission

of the final report and on further condition that the petitioner shall appear

before the learned Additional Chief Judicial Magistrate, Baruipur,

South 24 Parganas, within two weeks from date in connection with G.R

Case No. 5546 of 2024. In the event of non-compliance of any of the

conditions, the anticipatory bail shall stand automatically cancelled