Subhasish Sadhukhan And ANR. v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 12-01-2021 Subha Item no.77 Bail rejected.

C.R.M. No. 40 of 2021 Subhashish Sadhkhan and anr.

-vsThe State of West Bengal In Re: An application for anticipatory bail under Section 438 CrPC apprehending arrest in connection with Burtolla P.S. Case No. 327 of 2016 dated December 25, under Sections 420/423/425/440/467/ 472/120B of the Indian Penal Code.

Mr. Rituraj Banerjee ...for the petitioners.

Mr. Sudip Ghosh Mr. Apurba Kumar Datta ... for the State. The learned advocate for the petitioners has approached this Court under Section 438 of the Code of Criminal Procedure seeking relief for apprehending arrest in connection with Burtolla Police Station Case No. 327 of 2016 dated December 25, 2016. Learned advocate for the petitioners further submits that there were family disputes and one of the brothers has falsely implicated the present petitioners in the instant case, although they are innocent of the charges and they are not beneficiaries to any fraudulent transaction as has been alleged.

Learned advocate appearing for the State submits that there are allegations of forging of signatures as well as impersonification.

In view of the intricacies involved in assessing and ascertaining the signatures whether they are forged or not, the custodial interrogation of the petitioners may be required for the

purposes of investigation which is still continuing till date. Accordingly, the prayer for anticipatory bail of the petitioners are rejected.

Therefore, the application for anticipatory bail being CRM 40 of 2021 is disposed of.

[Tirthankar Ghosh, J] [Tapabrata Chakraborty, J]