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Calcutta High CourtCRM (A)/4159/2023allowed

Abdul Hamid v. State Of West Bengal

2023-10-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4159 of 2023 12.10.2023 ML. 68 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 Kulti Police Station Case No. 472 of 2023 dated 02.09.2023 under Sections 420/457/468/471/120B of the IPC.

And In the matter of: Abdul Hamid ....petitioner.

Mr. Suman De ...for the petitioner.

Mr. Madhusudan Sur, APP Mr. Manoranjan Mahata ...for the State.

1.

Heard learned Counsel for both the parties.

2.

The present petitioner is stated to be deed writer of a document where the executant is alleged to have practiced forgery of the signature of the real owner (informant). There is also allegation of impersonation of the informant.

3.

In our considered view, the present petitioner being the deed writer cannot have any knowledge about impersonation, etc. at least prima facie.

4.

Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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 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.

5.

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

6.

Within 21 days from today the petitioner shall appear before the I.O. along with a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that. 7.

Accordingly, the prayer for the anticipatory bail is allowed. 8.

The application being CRM (A) 4159 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)