Bulan Dam Kundu And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 09.03.2023. C.R.M. (A) 173 of 2023 22/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali P.S case no. of dated 10.1.2023 under sections 120B/467/468/471/420/403 IPC and In Re : Smt. Bulan Dam Kundu & Anr.

... petitioners Mr. Sattwik Bhattacharyya Mr. Sourav Chatterjee Mr. A Bhattacharyya ...... for the petitioners Mr. Nilay Chakraborty Ms. N Das ...... for the State Petitioners contend they are the co-owners of the land in question. De facto complainant is the step brother of the grand father of petitioner no. 2. He had relinquished his rights in the property and started residing in the State of Meghalalya. Presently, he has assailed the gift deed executed by petitioner no. 1 to his son i.e. petitioner no. 2. Proceedings are pending before the Land Tribunal with regard to correction in the records of rights.

Learned lawyer for the State submits records of rights were altered by the petitioners on the strength of forged death certificate of the de facto complainant. Thereafter, the deed of gift was executed.

We have considered the materials on record. Admittedly, de facto complainant is alive. Petitioners utilized a forged death

certificate to correct the land records. Prima facie, the materials show intentional use of a forged document by the petitioners for wrongful gain.

Under such circumstances, we are not inclined to grant anticipatory bail to the petitioners.

Accordingly prayer for anticipatory bail is rejected. (Subhendu Samanta,J.) (Joymalya Bagchi, J.)