Mohan Shaw And ORS v. State Of West Bengal

10.08.2022 Serial no.4 Aloke CRM (A) 3757 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Liluah Police Station Case No. 221 of 2022 dated 17.05.2022 under Sections 420/467/468/120B of the Indian Penal Code.

-AndIn the matter of : Mohan Shaw & Ors.

... ... Petitioners Mr. Soumya Basu Roychowdhury, Advocate ... ... For the Petitioners Mr. Avishek Sinha, Advocate Ms. Anasuya Sinha, Advocate ... ...For the State Petitioners seek anticipatory bail.

The application for anticipatory bail is taken up subsequent to the order dated August 5, 2022. Pursuant to such order, the original title deeds were seized by the police.

Learned Advocate appearing for the State submits that the petitioners must cooperate with the Investigating Officer for taking the specimen signature of the petitioners and also their finger prints. She submits that the petitioners are permanent residents of Bihar and, therefore, they should be restrained from leaving the jurisdiction of the local Police Station.

In the facts of the present case, it appears that the first petitioner is residing within Liluah P.S. while the other petitioners are residing within the jurisdiction of Malipanchghora Police Station. The police case is of Liluah Police Station. In the facts of the present case, it would be appropriate to direct the petitioners to report before the Officer-in-Charge of the respective Police Stations where they are shown to be residing in

the State of West Bengal as described in the cause title of the petition once a week, till the conclusion of the investigation. 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 condition that the petitioners shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation 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) 3757 of 2022 is disposed of.

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