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Calcutta High CourtCRM (A)/5769/2022allowed

Md Samsad Sk And ORS v. State Of West Bengal

2022-12-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5769 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 670 of 2022 dated 16.10.2022 under Sections 420/467/464/34 of the Indian Penal Code, 1860. And In the matter of: Md Samsad Sk & Ors.

....petitioners.

Mr. Soumyajit Das Mahapatra Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatun ...for the petitioners.

Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

Petitioners pray for anticipatory bail.

12.12.2022 Sl.50 Court No.29 (AD) (Allowed) There is a civil suit pending between the private parties where the learned Judge passed an order of injunction. The dispute relates to an immovable property and revolves around a registered title deed claimed to be executed in the year 1982. In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5769 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)