Arnab Sarkar v. State Of West Bengal

C.R.M. (A) 2929 of 2023 09.08.2023 ML. 151 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Burdwan P.S. Case No. 249 of 2022 dated 11.03.2022 under Sections 465/467/468/471/420 of the IPC pending before the learned CJM, Bardhaman.

And In the matter of: Sri Arnab Sarkar ....petitioner.

Mr. Debashish Roy Mr. S. Banerjee ...for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

1. Heard learned Counsel for both the parties.

2. One Prodyut Kumar Chatterjee (since deceased) is the principal of the present petitioner who had executed a power of attorney in favour of the present petitioner. The successor-in-interest of aforesaid Prodyut Kumar Chatterjee has transferred some property in favour of wife of the informant. Now a suit is pending at the instance of the present petitioner disputing the genuineness of the deed alleged to have been executed by the successor-in-interest of late Prodyut Kumar Chatterjee in favour of the wife of the informant. The entire issue is civil in nature and chage-sheet in the case has already been filed.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Bardhaman within 15 days from today in the G.R. case arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on

such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The learned CJM is directed to act upon the server copy of this order, if required.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2929 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)