In the
Court of the Learned 7th Addistional Session Judge, at Alipore (
W.B. 2nd Special Court, at Alipore ), South 24 Parganas.
Criminal Miscellaneous Jurisdiction
Ref.: Special Case no. 10 / 2011.
( arising out of Sunderban Coastal P.S. Case no. 54 (7)
of 2011 ).
In the matter of :-
An
Application for Anticipatory Bail under section 438 of the Code of Criminal
Procedure’ 1973;
- A N D -
In the matter of :-
An Order dated 20th day of September’
2013, passed by the Hon’ble Supreme Court of India, in Criminal Appeal no. 1493
of 2013, ( arising out of SLP ( CRL.) No. 492 of 2013 ), ( Chitta Ranjan Dalal
– Versus – State of West Bengal & Anr. );
-
A N D –
In
the matter of :-
Shri Nirmal Kanti Patra, Son of Jyotindra Nath
Patra, of Village – Junboni, Police Station – Contai, District – Purba
Medinipore, West Bengal.
…………..Accused / Petitioner.
-
Versus –
The State of West Bengal.
…………..Respondent / Opposite Party.
The
humble petition of the above named Shri Nirmal Kanti Patra, accused /
petitioner;
Most respectfully Sheweth as under :-
1. That the Petitioner
is a peace loving and law abiding citizen of this country, residing at the
address as given in the cause title of this application.
2. That the Petitioner
is a School teacher, and presently posted at Purulia district of West Bengal.
3. That the
prosecution story is that one Chittaranjan Dalal, the Head Master of Mangal
Chandra Vidyapith School, situated at Chotto Mollah Kkhali, South 24 Parganas,
lodged a complaint before the Officer – in – Charge, Sunderban Coastal Police
Station, alleging that your petitioner being the former Head Master has
misappropriated the School Fund, and accordingly the above referred case has
been started against your petitioner.
4. That the petitioner
placed his application under Section 438 of Cr.P.C. before the Learned Session
Judge, and whereas the Learned Session Judge, was pleased to pass necessary
order and grant bail to the petitioner on terms and conditions given to the
petitioner to comply with thereof, on 04-08-2011, being order no.2.
5. That your
petitioner comply with the conditions imposed by the Learned Session Judge,
till date.
6. That your
petitioner in accordance with the direction of the Learned Session Judge,
surrendered before the Learned Additional Chief Judicial Magistrate, Alipore,
South 24 Parganas, and also praying for bail before the Learned Additional
Chief Judicial Magistrate, at Alipore, South 24 Parganas, and whereas the
Learned Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas,
granted interim bail and later confirmed the bail of your petitioner.
7. That your
petitioner even after confirmation of Bail by the Learned Lower Court, comply
with all the conditions imposed and directed by the Learned Session Judge, till
date and continuing thereof, with all earnest effort and obedience of the
petitioner.
8. That in the mean
time, the Defacto Complainant, Shri Chitta Ranjan Dalal, approached to the
Hon’ble High Court at Calcutta under it’s Criminal Miscellaneous Jurisdiction,
as to place an application under Section 439(2) of Cr.P.C., for the
cancellation of bail, granted by the Learned Session Judge, vide C.R.M. no.
8988 of 2011, and whereas upon the hearing of the parties the Hon’ble Chief
Justice J.N.Patel and Hon’ble Justice J. Bagchi, division bench was pleased to
dismissed the said application as on 18-09-2012, with the following observation
“ The defacto complainant has filed the cancellation of bail. We have gone
through the materials and we are satisfied that the Court below had adequate
jurisdiction to grant bail. It is settled law that in the matter of grant of
bail the superior court would be loath in substituting its discretion in place
of the Court below in such matters. We, therefore, not impressed by the grounds
taken in the cancellation petition and decline to interfere with the liberty
which was granted to the opposite party by the learned Special Court. That
apart there is not allegation of misuse of liberty which the opposite party /
accused has been enjoying for more than a year. Hence, the application for
cancellation of bail stands dismissed.”
9. That thereafter the
Defacto Complainant, approached before the Hon’ble Supreme Court of India, vide
Criminal Appeal No. 1493 of 2013 ( arising out of SLP ( Crl. ) No. 492 of 2013
), and whereas the Hon’ble Supreme Court on 20-09-2013, direct in the following
manner as “ The Order impugned does not show any application of mind by the
learned judge. Hence, we deem it expedient to remit the matter back to the
learned Additional Session Judge, to pass fresh order in accordance with law on
merit, who shall do so without being influenced by any of the observations made
in this order. In the result, the appeal is allowed, the impugned order of the
High Court and that of the Additional Sessions Judge are set aside and the
matter is remitted back to the Additional Session Judge for its consideration,
afresh, in accordance with law.”
10.
That in view of the Order of the Hon’ble Supreme Court of India,
your petitioner, placed the present application before the Learned Court.
11.
That your petitioner states that your petitioner is totally
innocent and did not commit any alleged offence.
12.
That your petitioner states that the entire allegation leveled
against your petitioner in the written complaint lodged before the Sunderban
Coastal Police Station, is totally false, fabricated and motivated.
13.
That your petitioner states that your petitioner is no way
connected with the alleged offence.
14.
That your petitioner states that your petitioner comply with the
directions and conditions of the Learned Court.
15.
That in view of the order dated 20-09-2013, of the Hon’ble Supreme
Court of India, your petitioner begs to place this application before the
Learned Court, under Section 438 of Criminal Procedure Code’ 1973, praying for
anticipatory Bail on the following amongst other ground :
GROUND
i)
FOR THAT your petitioner is totally innocent and did not commit
any alleged offence;
ii)
FOR THAT the entire
allegation leveled against your petitioner in the written complaint lodged
before the Sunderban Coastal Police Station, is totally false, fabricated and
motivated;
iii)
FOR THAT your petitioner is no way connected with the alleged
offence;
iv)
FOR THAT your petitioner comply with the directions and conditions
of the Learned Court;
v)
FOR THAT your petitioner is having the permanent residence and no
chance of his ascendance;
vi)
FOR THAT your petitioner will comply with any terms and conditions
as may be imposed by the Learned Court at the time of granting anticipatory
bail;
16.
That Unless
the order as prayed for is passed your petitioner will suffer irreparable loss
and injury.
17.
That this application is made
bona-fide in the interest of administration of justice.
In the
instance stated herein above, your Honour may be graciously pleased to allow
this application for Anticipatory Bail under section 438 of the Code of
Criminal Procedure’ 1973, on any condition and in case the petitioners are
arrested, he will be released on bail and / or to pass such other or further
order or orders as your Honour may deem fit and proper.
And for this act of
kindness, your Petitioners, as in duty bound shall ever pray.
AFFIDAVIT
I, Shri Nirmal
Kanti Patra, Son of Jyotindra Nath Patra, aged about ________years, by faith
Hindu, by Occupation School Teacher, residing at Village – Junboni, Police
Station – Contai, District – Purba Medinipore, do hereby solemnly affirm and
say as follows :-
1 : That I am the applicant
of the present application under
Section 438 of Cr.P.C. and as such I am well acquainted with the facts and
circumstances of the case, I am competent to swear and affirm this affidavit.
2 : That the
statements made in paragraphs…………………..are true to my knowledge, received from
the petitioners and are verily believe to be true and those made in the rest
thereof are my respectful submissions before this Learned Court.
Deponent.
Identified
by me,
Advocate.
Prepared in my
office,
Advocate.
Solemnly affirmed
before me,
This the ………..day
of ………2013.
Notary Public.
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