Calcutta High Court (Appellete Side)
Sanjeev Kejriwal vs Central Bureau Of Investigation on 17 August, 2022
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
17.08.2022 S/L No.4 KS C.R.M.(SB) 197 of 2022 Sanjeev Kejriwal
-Vs.-
Central Bureau of Investigation In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.4 of 2017 arising out of CBI BS & FC, Kolkata Case No. RCBSK2015E0006 of 2015 dated 24.11.2015 under Sections 120B/ 420/ 465/ 471 of the Indian Penal Code and under Sections 13(2) / 13(1)(d) of the Prevention of Corruption Act.
Mr. Saurav Chatterjee Mr. Soumya Nag Mr. Soumya Kejriwal ..... For the Petitioner Mr. Kallol Kumar Basu Mr. Partha Chakraborty .....For the C.B.I. The petitioner is in custody since 4th August, 2022. Mr. Chatterjee, learned counsel appearing for the petitioner submits that the petitioner was earlier on bail but during the Covid period because of miscommunication he was un-represented before the Court and, as such, warrant of arrest was issued on 16 th March, 2021 which was executed on 4th August, 2022.
Learned counsel appearing for the petitioner submits that he is permanent residence of the address indicated in the cause title and has been arrested from the said address when the warrant of arrest was executed.
2Mr. Kallol Kumar Basu, learned counsel appears on behalf of the C.B.I. and opposes the prayer for bail. Learned counsel submits that huge amount has been involved for defalcation and the petitioner has misused his liberty while on bail. Be that as it may, the petitioner is granted another chance for not diluting the liberty. This is because of the fact that there are 138 witnesses relied upon in the charge-sheet and the scope for completion of trial at this stage is bleak.
Accordingly, the petitioner would be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Judge, 3 rd Special (CBI Designated) Court, Bankshall Court, Calcutta and while on bail, the petitioner shall obtain an acknowledgement once in a week by physically appearing before the office of the Learned Judge, 3rd Special (CBI Designated) Court, Bankshall Court, Calcutta. Such physical appearance would continue for the next six months and thereafter, the petitioner would be at liberty to pray for modification of the condition.
This application for bail is, accordingly, allowed. With the aforesaid directions, C.R.M.(SB) 197 of 2022 is disposed of.
All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.
(Tirthankar Ghosh, J.) 3