FAJLEY HAKE KHAN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2010-2-111
HIGH COURT OF CALCUTTA
Decided on February 15,2010

FAJLEY HAKE KHAN Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The present petitioner apprehending arrest in connection with a case registered at Keshpur Police Station relating to an offence punishable under Section 135 (i)(a) of the Indian Electricity Act, 2003 applied for anticipatory bail before this Honble High Court. When this Honble Court allowed his such prayer on the following conditions; (i) The petitioner shall make himself available for interrogation by the Investigating Agency as and when required. (ii) No direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer. And further directed the petitioner must submit to the jurisdiction of the regular Court within a period of four weeks and upon his surrender before the Learned Court below, the Learned Magistrate shall consider the prayer for bail of the petitioner on the basis of the materials available against him as on that date without being guided by the disposal of the said application.
(2.) Thereafter, the petitioner surrendered before the regular Court, i.e., before the Learned Judge, Special Court under Electricity Act and the Additional Sessions Judge, Paschim Medinipur and prayed for bail. When the petitioner was taken into custody and was released on interim bail which was to be remain valid till November 20, 2009 subject to the condition by that day the petitioner shall pay the provisionally assessed electric charges payable by him for unauthorized use of electricity. The petitioner in this criminal revisional application challenged the order whereby he was directed to pay the provisionally assessed electric charges as the condition of bail.
(3.) Heard the Learned Counsels appearing on behalf of the parties. Perused the impugned order and other materials on record.;


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