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Calcutta High CourtCRM (A)/6063/2022allowed

Manir Sk @ Manirul Sk And ORS v. State Of West Bengal

2023-01-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

C.R.M. (A) 6063 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. 578 of 2022 dated 06.09.2022 under Sections 420/467/468/34 of the Indian Penal Code, 1860. And 02.01.2023 Sl.93 Court No.29 (AD) (Allowed) In the matter of: Manir Sk @ Manirul Sk & Ors. ....petitioners.

Ms. Karabi Roy ...for the petitioners.

Mr. Prasun Kumar Datta, Ld. APP Mr. Nirupam Dhali ...for the State.

Petitioners pray for anticipatory bail.

There is a previous title suit with regard to the immovable property concerned in which three of the petitioners are plaintiffs.

The police complaint relates to immovable property involved in such suit.

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 as and when called for 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) 6063 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)