BIKASH MANNA vs. THE STATE OF WEST BENGAL

Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 195/2018 (ARISING FROM SLP (CRL.) NO.6315 OF 2017) BIKASH MANNA APPELLANT(S) VERSUS

THE STATE OF WEST BENGAL RESPONDENT(S)


J U D G M E N T

KURIAN, J.

	Leave granted.
	2. Application for impleadment is allowed.
	3. The appellant approached this Court, aggrieved by<br>the denial of protection under Section 438(2) of the<br>Cr.P.C. by the High Court in connection with FIR<br>No.261 of 2017 dated 02.04.2017.
	4. When the matter came up before this Court on<br>15.09.2017, this Court passed the following order:-

“The petitioner shall take steps to implead the de-facto complainant. On such Signature Not Verified an application being filed, notice shall be Digitally signed by NARENDRA PRASAD Date: 2018.02.03 12:36:44 IST Reason: 1

	issued to the State as well as to the<br>de-facto complainant.
	In connection with FIR No. 261 of<br>2017, registered at Police Station Domjur,<br>Howrah, West Bengal, in case the petitioner<br>is arrested, he shall be released on bail<br>on furnishing a self-bond, subject to the<br>condition that he shall cooperate with the<br>investigation and also subject to the<br>further condition that the petitioner shall<br>deposit a sum of Rs. 10 Lakhs before this<br>Court within six weeks from today. The<br>Registry is directed to keep the<br>abovementioned amount in an interest<br>bearing Fixed Deposit in a nationalised<br>bank, initially for a period of six months,<br>to be renewed from time to time.”

5. The de-facto complainant, represented by Mr.<br>Pijush K. Roy, learned counsel, on instruction,<br>submits that the de-facto complainant has no<br>objection if protection under Section 438(2) Cr.P.C.<br>is granted to the appellant, in case he is permitted<br>to withdraw the amount deposited before this Court.

He further submits that he is only interested in<br>getting his money and does not want to prosecute the<br>appellant.
6. Learned counsel for the appellant does not have<br>any objection with regard to the submissions made by<br>the learned counsel for the de-facto complainant.
7. In view of the above circumstances, without going<br>into the various other disputes, we dispose of this<br>appeal as follows:-
	i.) The de-facto complainant is<br>permitted to withdraw the amount deposited<br>before this Court pursuant to our order dated<br>15.09.2017, along with the interest accrued.
	ii.) In case the appellant is arrested<br>in connection with FIR No.261 of 2017<br>registered at Police Station Damjur, Howrah,<br>West Bengal, he shall be released on bail by<br>the Investigating Officer on his executing a<br>bond to the tune of Rs.25,000/- (Rupees<br>Twentyfive Thousand) with two sureties to the<br>like amount. However, this order is subject<br>to the other conditions under Section 438(2)<br>of the Cr.P.C. and the appellant shall<br>cooperate with the investigation.

	8. Pending applications, if any, shall stand<br>disposed of.

..........................J.
[KURIAN JOSEPH]


..........................J.
[MOHAN M. SHANTANAGOUDAR]
NEW DELHI;
JANUARY 30, 2018