Sabana Bibi And ORS v. State Of West Bengal

25.07.2022 Serial no. 08 [Dd] (Anticipatory bail) (Rejected) CRM (A) 3119 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 186 of 2022 dated 06.05.2022 under Sections 420/467/468/471/34 of the Indian Penal Code.

-AndIn the matter of : Sabana Bibi& Ors.

... ...Petitioners Ms. Minoti Gomes, Mr. Asfar Mandol, Advocates ... ... For the Petitioners Mr. Suman De, Advocate ... ...For the State The registered deed is yet to be seized by the Investigating Officer. The 2nd to 4th petitioners invited the Court on the basis of the instructions given to their learned advocate to pass an order dated July 8, 2022. Such petitioners claimed on July 8, 2022 through their learned advocates that they went to the police station for the purpose of submitting the original deed when the Investigating Officer made them wait at the police station and did not seize the document. On the basis of such recording in the order, report was called for from the Superintendent of Police. Superintendent of Police submitted a report which establishes that none of the 2nd to 4th petitioners went to police station as they claimed. As already noted above, the original deed is yet to be seized.

In view of such conduct of such petitioners both outside Court and in Court in this application for anticipatory bail, a strong case is made out for custodial interrogation of such petitioners.

Consequently, we are not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected.

CRM (A) 3119 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)