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Calcutta High CourtCRM (A)/3553/2023allowed

Kamala Mahata And ANR v. State Of West Bengal

2023-08-31Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

31.08.2023 D/L 27 Ct. No.29 (Allowed) (SKB) CRM (A) 3553 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Salboni P. S. Case No.371 of 2022 dated 27.11.2022 under Sections 420/506/120B of the Indian Penal Code.

In the matter of : Kamala Mahata and another ... Petitioners Mr. Sujit Bhunia, Mr. Dilip Kumar Shyamal ... for the petitioners Mr. P. K. Datta, Mr. Santanu Deb Roy ... for the State

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that the petitioners are alleged to have sold the property of the informant on the basis of fake deed and a civil suit over the matter is stated to be pending.

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.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3553 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)