Rabiul Molla v. State Of West Bengal

09.04.2024 Item No.101 AD/SD Court No.28 (Rejected) C.R.M. (A) No. 1215 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panrui Police Station Case No.41 of 2022 dated 17.03.2022 under Sections 467/468/471/474/420/120B/504/506 of the Indian Penal Code, 1860. (G.R. Case No.372 of 2022) And In Re : Rabiul Molla ..... petitioner Mr. Sujoy Sarkar Mr. Rahul Chanchan .....for the petitioner Mr. Rudradipta Nandy, Ld. APP Ms. Sanjana Saha ....for the State

1. Petitioner submits he is a bona fide purchaser for value and prays for anticipatory bail.

2. Learned Lawyer for the State submits the owner of the land expired in 2022. Petitioner had set up a person to impersonate as the owner and fraudulently executed a false deed in his favour.

3. We have considered the materials on record. Statement of the person who impersonated the deceased owner implicates the petitioner in the crime. Fact that the consideration sum over Rs.2 lac had been paid in cash is a suspicious circumstance which casts the doubt on the bona fides of the transaction.

4. In view of the aforesaid incriminating facts, we are of the opinion custodial interrogation is necessary and this is not a fit case to grant anticipatory bail to the petitioner. Signed By :

ABHIJIT DAS High Court of Calcutta 10 th of April 2024 05:56:22 PM

5. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

6. C.R.M. (A) No. 1215 of 2024 is dismissed.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 10 th of April 2024 05:56:22 PM