Manik Halder v. State Of West Bengal And ORS.

19.12.2022 tkm/ct 28 C.R.M. (DB) 1101 of 2022 sl no. 48 In Re : An application for cancellation of bail under section 439(2) of the Cr.P.C.

And In Re : Manik Halder ....... petitioner Mr. Kallol Kr. Basu Md. J Ul Firdous Mr. R Naskar Ms. Tithi Majumder ....for the petitioner Ms. Sayanti Santra ....for the State Mr. Dipanjan Chatterjee Mr. Kalyan Kr. Bhattacharjee Ms. reshmi Khatun Ms. Sahina Khatun ....for OP nos. 2 to 4 Petitioner has approached this court assailing the bail granted to opposite party nos. 2 to 4 herein. Crux of the grievance of the petitioner is that the alleged forged deed had not been recovered. Taking note of such submission we gave liberty to opposite nos. 2 to 4 to hand over the deed in question to the investigating agency for verification. Report is placed on record on behalf of the investigating agency. It is stated therein opposite party nos. 2 to 4 claimed original deed had been damaged and submitted certificate copy of the deed. No damaged deed has been produced. We are of the opinion opposite party nos. 2 to 4 are taking evasive stance to avoid recovery of the deed. Their custodial interrogation is necessary for recovery and verification of the document.

Needless to mention verification of certified copy of the deed would be of little value in a case of forgery. Under such circumstances we cancel the bail granted to the said opposite parties. They shall be arrested forthwith and interrogated in custody to trace out the deed in question. CRM (DB) 1101 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)