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Calcutta High CourtCRM (A)/5723/2023dismissed as rejected

Rabindra @ Rabindar Kumar Shaw v. State Of West Bengal

2024-01-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5723 of 2023 04.01.2024 Sl.37 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanditala Police Station Case No.506 dated 24.06.2023 under Sections 420/406/467/468/471/120B of the Indian Penal Code, 1860.

And In the matter of: Rabindra @ Rabinder Kumar Shaw ....petitioner.

Mr. Amajit De Ms. Shakshi Rathi ... for the petitioner.

Mr. Shibaji Kumar Das ...for the State.

Petitioner seeks anticipatory bail.

Petitioner apparently claims title in respect of an immovable property by virtue of a registered document. Materials in the case diary suggest that such registered document was brought into being by persons impersonating true owners of the immovable property. Petitioner before us is not accepting the ownership of the true owner of the immovable property.

In such circumstances, role of the petitioner in respect of the transactions requires investigation.

Enlarging the petitioner on anticipatory bail will be inimical to the investigation.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 5723 of 2023 is dismissed.

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