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Calcutta High CourtCRM (A)/301/2023allowed

Sahanawaz Hossain @ Sahanaj Hossain And ORS v. State Of West Bengal

2023-01-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 301 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Samsherganj Police Station Case No. 446 of 2022 dated 21.12.2022 under Sections 448/354/427/379/506/34 of the Indian Penal Code. And In the matter of: Sahanawaz Hossain alias Sahanaj Hossain & Ors.

....petitioners.

Ms. Shabana Hasin Mr. Mobaidur Hossain ...for the petitioner.

Mr. Sujan Chatterjee ...for the State.

Petitioners pray for anticipatory bail.

24.01.2023 Sl.10 Court No.29 (AD) (Allowed) The petitioners before us are teachers of a school. A person donated a land to the school.

Apparently, there are disputes between the donee of that immovable property and the de facto complainant. There is an issue of false implication of the petitioners involved.

More so, as noted above, the petitioners are school teachers. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that

the petitioners will report before the Investigating Officer as and when called for till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 301 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)