Sk. Makbul Hoque @ Sk. Mokbul And ORS v. State Of West Bengal

18.04.2023 Serial no. 16 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1609 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 74 of 2023 dated 04.02.2023 under Sections 420/406/465/468/471/34 of the Indian Penal Code (G.R. Case No. 533 of 2023) -AndIn the matter of : Sk. Makbul Hoque @ Sk. Mokbul & Ors. ... ... Petitioners Mr. Kallol Mondal, Mr. Musharraf Alam Sk.

Mr. Krishan Ray, Ms. Susmita Ghorai, Advocate ... ... For the Petitioners Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan, Advocates ... ...For the State The police complaint was registered subsequent to the order passed under Section 156(3) of the Criminal Procedure Code.

The police complaint revolves around a deed of gift. Petitioners claim that such deed of gift does not exist. In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 shall report before the Investigating Officer once in a

month till the conclusion of the investigation and petitioner no. 3 shall cooperate with the investigation till its completion and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 1609 of 2023 is disposed of.

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