Calcutta High CourtCRM (A)/1127/2023allowed

Nasima Parween v. State Of West Bengal

2023-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1127 of 2023 21.03.2023 Sl.5 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Serampore Police Station Case No.53 of 2023 dated 08.02.2023 under Sections 420/467/468/409/120B/34 of the Indian Penal Code, (corresponding to G.R. Case No.304 of 2023).

And In the matter of: Nasima Parween ....petitioner.

Mr. Suman Chakraborty ... for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

Petitioner prays for anticipatory bail.

Co-accused was enlarged on anticipatory bail by an order dated February 28, 2023 passed in CRM (A) 846 of 2023. While granting anticipatory bail to the co-accused, it was observed that, the issue as to whether the land belongs to the Government or not needs to be decided in an appropriate proceeding.

The accusations as against the accused are that the Government property was sought to sold to third parties. In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will

cooperate with the investigation till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1127 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)