Swapan Mondal v. State Of West Bengal

04.01.2024 Item No.115 Ct. No. 29 CHC Rejected C.R.M.(A) 4563 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 367/2023 dated 08.05.2023 under Sections 420/465/467/468/471 of the Indian Penal Code. And In the matter of : Swapan Mondal ...... petitioner Mr. Asraf Mandal ....for the petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

The allegation as against the petitioner is that, he impersonated a dead person and executed a deed of conveyance. In fact, he identified the vendor in the earlier deed of conveyance.

Enlarging the petitioner at this stage, would be inimical to the investigation. Issue of impersonation and creation of false document are involved.

In such circumstances, we are unable to confirm the order dated October 16, 2023 or grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 4563 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)