Rekha Jaiswal And ORS v. State Of West Bengal

14.10.2020 KC(SL 96) Allowed C.R.M. 7710 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baguiati Police Station Case No. 251/2020 dated 06.08.2020 under Sections 420/406/34 of the Indian Penal Code. In the Matter of : Rekha Jaiswal and Ors.

.... petitioners.

Mr. Sourav Chatterjee, Mr. Soumya Nag ...............................For the petitioners. Mr. Prabir Roy Chowdhury, Mr. Mainak Gupta................................For the State. The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

This case involves prima facie a civil dispute arising out of an intended sale of a parcel of land. Inter alia, the petitioners were intending sellers of this land and had taken earnest of Rs. 10 lacs from the intending buyer. It is learnt on hearing submission of learned counsel for the parties that this Rs. 10 lacs have been returned to the buyer/de-facto complainant.

In those circumstances, we allow this application for anticipatory bail.

Subject to the above, in the event of arrest, the petitioners will be released on bail upon furnishing security of Rs. 10,000/- (Rupees Ten Thousand) each together with personal release bond of equivalent value each to the satisfaction of the arresting officer.

The petitioners will also comply with the conditions laid down in Section 438(2) of the Code.

CRM 7710 of 2020 is disposed of.

(I.P. MUKERJI, J.) (MD. NIZAMUDDIN, J.)