Himadri Mukherjee v. State Of West Bengal And ORS

C.R.M. (DB) 773 of 2022 11.05.2022 Sl. 64 Court No.29 sourav In Re: - An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.

And In the matter of: Himadri Mukherjee ....petitioner.

Mr. Sabyasachi Banerjee Mr. Pushan Kar Mr. Sagnik Majumdar Mr. Nahid Ahmed Mr. Aritro Mukherjee Ms. Smita Das ...for the petitioner.

Mr. Neguive Ahmed, Ld. APP Mr. Iqbal Kabir ...for the State.

Mr. Arindam Jana Mr. Soumyajit Chatterjee ...for the private opposite party.

Petitioner seeks cancellation of the order granting anticipatory bail to the private opposite party by the order dated February 4, 2022.

Learned advocate appearing for the petitioner submits that the private opposite party obtained signature of the deceased in a document of Will when such deceased was not in a position to put her signature. The signatures are forged. He refers to the medical condition of the deceased. In response to a query of the Court, the learned advocate appearing for the petitioner submits that there are no civil proceedings in respect of the property involved in the document in question.

State and the private opposite party are represented. The learned Sessions Judge granting the anticipatory bail on February 4, 2022 took into consideration the facts and

circumstances of the case, the materials in the case diary and nature of the alleged offences and the fact that there was a document in respect of disputed properties.

There is no civil proceeding in respect of the document relating to the property involved.

There is no material irregularity in the order dated February 4, 2022 requiring interference by the High Court. No ground is made out for cancellation of the anticipatory bail granted.

Consequently, CRM (DB) 773 of 2022 is dismissed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)