Sakina Khatun And ANR v. State Of West Bengal

18.04.2023 Serial no. 08 [Dd] (Anticipatory bail) (Rejected) CRM (A) 1601 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mandarmani Coastal Police Station Case No. 77 of 2022 dated 21.11.2022 under Sections 467/468/471/420/120B of the Indian Penal Code.

-AndIn the matter of : Sakina Khatun & Anr.

... ...Petitioners Mr. Sabir Ahmed, Mr. Abdur Rakib, Mr. Dhiman Chatterjee, Mr. Biswajit Sarkar, Advocates ... ... For the Petitioners Mr. Joydeep Roy, Jr. Govt. Adv.

Mr. Amanul Islam, Advocate ... ...For the State Mr. Arindam Sen, Mr. Saurav Basu, Mr. Smit Bhanja, Advocates ... ...For the de facto complainant Petitioners are the owners of an immovable property. Apparently, petitioners appointed a Power of Attorney holder. Such Power of Attorney holder apparently sold the immovable property to numerous persons. The de facto complainant claims to be one of such purchaser. According to the de facto complainant bank transactions of a sum of Rs.18 lakhs was made to the Power of Attorney holder and the balance consideration amount was paid to the petitioners directly. The investigations are yet to be concluded.

Petitioners as the owner cannot absolve themselves of responsibility.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 1601 of 2023 is dismissed.

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