Calcutta High CourtCRM (A)/3020/2023allowed

Sujit Kumar Jaiswal And ANR v. State Of West Bengal

2023-08-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3020 of 2023 11.08.2023 SL. 9 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 Jagatballavpur Police Station Case No. 18 of 2023 dated 28.01.2023 under Sections 406/417/420/467/468/34 of the IPC.

And In the matter of: Sujit Kumar Jaiswal & Anr.

....petitioners.

Mr. Rafikul Islam Sardar ...for the petitioners.

Mr. Tanmoy Kr. Ghosh Ms. Sonali Bhar ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners are stated to be the purchaser of land which is alleged to have been sold to them on the basis of a forged power of attorney and the petitioners are asserted to have paid the consideration of Rs. 12 lakhs (Rs. 10 lakhs by cheque + Rs. 2 lakhs by cash).

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioner No. 1, Sujit Kumar Jaiswal is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) The petitioner No. 2, Munni Jaiswal is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till submission of F.F.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 3020 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)