- (1.) This application has been filed for cancellation of anticipatory bail granted by order dated 4th September, 2014. Anticipatory bail was granted by the Sessions Judge-in Charge, North 24-Parganas in Bidhannagar North P.S. Case No.137 of 2014 dated 13th July, 2014 under Sections 420/465/468/471/120B of the Indian Penal Code to the opposite party Nos.1 and 2. After the filing of this application, charge sheet has been submitted on 31st May, 2015 wherein the opposite party no.2 has not been charge-sheeted and exonerated from the charges levelled against him. Therefore, it is only on behalf of the opposite party no.1 that this application is being considered. The petitioner is the de-facto complainant sister, who has alleged that her father Pran Ballav Mondal died in 1995. An application for modified plan was submitted on 9.9.2005 by the opposite party no.1 wherein the signature of Pran Ballav Mondal, father appeared along with that of the opposite party no.1. The Memo of Completion dated 20th April, 2006 also bears the signature of the deceased father. In the petition of complaint filed under Section 156(3) of the Code of Criminal Procedure, it was alleged that the opposite party no.1 had let out some portions of the house property to one Chandrani Pearls and Rohini Steel. The said actions were without the consent of the de-facto complainant and her other two sisters. The opposite party no.1 was earning huge money out of the said deal without making any payment to the de-facto complainant and other co-owners of the said property. On the basis of the said allegations, Bidhannagar North P.S. Case No.137 of 2014 dated 13th July, 2014 under Sections 420/465/468/471/120B of the Indian Penal Code was started.
(2.) In the said case an application being C.M.C. 5641 of 2014 was filed before the court below by the opposite party nos. 1 and 2. The court below on perusal of the materials in the case diary and holding that the dispute was civil in nature and the process of investigation would not suffer, granted anticipatory bail to the opposite party nos. 1 and 2. The said could not have been granted as Pran Ballav Mondal(father) had died in 1995 and his signature could not have been appended to documents in 2005. This, therefore, calls for cancellation of the anticipatory bail granted.
(3.) Counsel for the opposite party no.1 submits that the application was filed under Section 438 of the Code of Criminal Procedure and the order was passed on 4th September, 2014. It is pursuant to the order that the opposite parties surrendered and were thereafter released on furnishing of bond. Therefore, it was pursuant to order of court that the surrender was made and the question of cancelling the anticipatory bail granted will not arise more so, in view of the decision reported in (2011) 1 SCC 694. Whether the signature of Pran Ballav Mondal was forged by the opposite party no.1 is the subject matter of trial which is to commence in April, 2016. The said application has also been filed belatedly and this ought to be another reason for rejecting the said application.;