This order rejects an application for anticipatory bail filed by petitioners fearing arrest for white-collar offences of forgery and cheating. The court noted the gravity of the impersonation offence and necessity of custodial interrogation, declining to grant relief.
Application for anticipatory bail was rejected.
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ABLAPL No. 2382 of 2015
18.08.2015 Heard learned counsel for the petitioners, learned Addl. Government Advocate and the le
arned counsel appearing for the informant.
The petitioners are apprehending arrest for the alleged commission of offences under S
ections 468, 471 and 420/34 of the I.P.C. in G.R. Case No. 1303 of 2013 of the Court of J.M.F.
C.(R), Cuttack, arising out of Lalbag P.S. Case No.128 of 2013.
The informant namely Mrs. Viola Shuratta Adam lodged an F.I.R. against the petitioners
and others for commission of offence under the aforesaid sections on the allegation that thes
e petitioners connived with others have prepared a Regd. Sale Deed on 16.07.2010 impersonating
her mother Mrs. Vida Shusama Burdhan, who died in the year 1994. All the offences are white c
ollar offences and investigation of the case is in progress, wherein the custodial interrogati
on of the present petitioners is necessary. Moreover, it is to be ascertained by the Investiga
ting Officer regarding the identity of the person, who impersonated the deceased, who was alle
gedly died in the year 1994.
In that view of the matter, keeping in view the gravity of the offence, this Court is
not inclined to grant anticipatory bail to the petitioners.
The ABLAPL is accordingly rejected.
2
3 issues framed by the court
Whether anticipatory bail should be granted in a white collar fraud case involving impersonation of a deceased person.
Whether custodial interrogation is necessary to ascertain identity of the impersonator.
Whether the gravity of the offence precludes the grant of anticipatory bail.
1 provisions across 1 enactments
Petitioners
Mrs. Viola Shuratta Adam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court