Jharkhand High Court
Prasenjeet Mukherjee @ Prasenjit ... vs Central Bureau Of Investigation ... on 20 September, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5455 of 2024
Prasenjeet Mukherjee @ Prasenjit Mukherjee, aged
about 47 years, son of Late Prabhat Mukherjee,
Resident of Tirupali, P.O. and P.S. Asansol, District
Bardwan, State West Bengal.
..... ... Petitioner
Versus
Central Bureau of Investigation (C.B.I.) ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate.
: Mr. Nishant Roy, Advocate.
For the CBI : Mr. Anil Kumar, A.S.G.I.
: Ms Chandana Kumari, A.C. to A.S.G.I.
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03/ 20.09.2024 Heard learned senior counsel appearing for the petitioner and
learned A.S.G.I. appearing for the CBI.
2. The petitioner is apprehending his arrest in connection with
R.C. Case No. 03(S)/2021-EO-(VI)-R, arising out of Giridih Sadar Nagar
P.S. Case No. 41 of 2015, for the alleged offences under Sections 406,
420, 418, 408, 468, 471 and 120-B of the Indian Penal Code, pending in
the court of learned S.D.J.M.-cum-Spl. Judicial Magistrate, C.B.I.,
Dhanbad.
3. Learned senior counsel appearing for the petitioner submits
that the petitioner happens to be the Chairman of M/s Anwesh
Infrastructure Limited. He submits that he has co-operated in the
investigation and will further co-operate in the trial and he will not tamper
with any evidence during the trial. He further submits that in the light of
the judgment of Hon'ble Supreme court in the cases of "Satender Kumar
Antil Vs. Central Bureau of Investigation & Anr. reported in (2022) 10
SCC 51 and in the case of "Siddharth Vs. State of Uttar Pradesh and
Anr., reported in 2021 SCC Online SC 615 the privilege of anticipatory
bail may kindly be provided to the petitioner.
4. Learned A.S.G.I appearing on behalf of C.B.I. opposes the
prayer on the ground that the petitioner is the Chairman of the accused
company and allegations are there against the said company of accepting
huge investment from the different investors on the false assurance of
giving high return in a short span of time, however, the maturity amount
has not been given.
5. Considering that the petitioner has cooperated in the
investigation, chargesheet has been submitted and further the petitioner
will not tamper with any of the evidence during pendency of trial and in
the light of judgments of the Hon'ble Supreme Court in the cases of
Satender Kumar Antil (supra) and Siddharth (supra), I am inclined to
grant anticipatory bail to the petitioner. Accordingly, the petitioner, above
named, is directed to surrender before the learned court within three weeks
from today and in the event of his surrender / arrest, the petitioner shall be
released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five
thousand) with two sureties of the like amount each, to the satisfaction of
learned S.D.J.M.-cum-Spl. Judicial Magistrate, C.B.I., Dhanbad, in
connection with R.C. Case No. 03(S)/2021-EO-(VI)-R, arising out of
Giridih Sadar Nagar P.S. Case No. 41 of 2015, subject to conditions as laid
down under Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
