The court rejected an application for anticipatory bail under Section 438 CrPC. Finding a prima facie case regarding a property transaction where the petitioner sold the property to a co-accused, the court held the offence was grave enough to deny bail.
Prayer for anticipatory bail rejected; application dismissed.
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23.02.2023
Sl.3 Court No.29 (AD) (Rejected)
C.R.M. (A) 511 of 2023
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No .428 of 2021 dated 10.09.2021 under Sections 420/467/468/34 of the Indian Penal Code, (G.R. No.1343/2021).
And
In the matter of: Mohammed Saifullah @ Md. Saifullah
….petitioner.
Mr. Suman De Mr. Abhinaba Mukherjee Mr. S.S. Imam Mr. R. Jana
…for the petitioner. Mr. S.S. Imam Mr. R. Jana …for the State. Mr. Soumyajit Das Mahapatra Mr. Supriyo Das Ms. Madhurai Sinha
… for the de facto complainant.
Petitioner prays for anticipatory bail.
Supplementary affidavit filed in Court be taken on record.
Apparently, petitioner purchased an immovable property from a power of attorney holder. Petitioner claims himself to be duped.
The Court is informed that the petitioner sold the property to somebody else. Such purchaser was arrested and such purchaser is one of the co-accused in the case.
Apparently, the value of the property is much in excess than what the petitioner claims to have purchased it at. Prima facie case stands made out against the petitioner requiring investigation.
Consequently, considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
2
C.R.M. (A) 511 of 2023 is dismissed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
3
2 issues framed by the court
Whether anticipatory bail is grantable when a prima facie case is made out against the accused involving sale of property and involvement of another accused.
Whether the gravity of the offence and the petitioner's involvement preclude the grant of anticipatory bail in a cheating and forgery case.
2 provisions across 2 enactments
Mohammed Saifullah @ Md. Saifullah
State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
