Calcutta High CourtCRM (A)/934/2023allowed

Tafajjul Hossain@Tafajul Hossain v. State Of West Bengal

2023-03-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

03.03.2023 Serial no. 8 [Dd] (Anticipatory bail) Allowed) CRM (A) 934 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 381 of 2022 dated 19.09.2022 under Sections 420/417/406/506/34 of the Indian Penal Code. -AndIn the matter of : Tafajjul Hossain @ Tafajul Hossain @ Tafajul Hussain ... ... Petitioner Mr. Mrityunjoy Chatterjee, Advocate ... ... For the Petitioner Mr. Joydeep Roy, jr. govt.adv.

Ms. Sujata Das, Advocates ... ...For the State Apparently, according to the de facto complainant, there was a contract for sale of an immovable property. De facto complainant paid a sum of Rs.17,00,000/- to the son of the petitioner for such purpose. According to the de facto complainant the immovable property was not transferred in favour of the de facto complainant.

The disputes are apparently civil in nature.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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

Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 934 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)