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DEEPAK GUPTA
Binoy Das – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Deepak Gupta, CJ.1. These two anticipatory bail applications are being disposed of by a common judgment since they both arise out of the same FIR and the factual situation is virtually identical.
2. The prosecution story, briefly stated, is that one Sri Arnab Chakraborty who was working as cashier of the Rashtriya Madhyamik Siksha Abhijan (RMSA) has embezzled huge amounts of money running into crores of rupees after having entered into a criminal conspiracy and having been aided and abetted by various persons including the present two petitioners. According to the prosecution, as per the evidence collected till now Arnab Chakraborty has embezzled an amount of Rs. 3.74 crores by forging 96 cheques. Charge-sheet in the case has been submitted in the Court of learned Chief Judicial Magistrate, West Tripura, Agartala. Initially, charge-sheet was only submitted against Arnab Chakraborty, his wife Smt. Sanghita Chakraborty and his mother Smt. Kajal Rani Chakraborty. However, thereafter charge-sheet has been prepared even in regard to the two petitioners Binoy Das and Rajib Dasgupta.
3. The allegation against Binoy Das is that he gave shelter to the accused Arnab Chakraborty as well
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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