Calcutta High Court (Appellete Side)
Money Circulation Scheme (Banning) Act vs In Re: Sk. Jasim Hossain & Anr on 2 September, 2019
1 02.09.19
Sl. No.293 akd [ALLOWED] C. R. M. 7048 of 2019 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.08.2019 in connection with Belghoria Police Station Case No. 432 of 2013 dated 10.10.2013 vide CBI SPE SCB Kolkata Case No. RC-58/S/2014-CBI/SCB/Kolkata under Sections 420/506/120B of the Indian Penal Code and Sections 4/5/6 of Prize Chit and Money Circulation Scheme (Banning) Act, 1978. (G.R. Case No. 6325 of 2011) And In Re: Sk. Jasim Hossain & Anr.
... ... Petitioners Md. Sabir Ahmmed .. Advocate Mr. Bikash Chandra Halder .. Advocate ... ... for the petitioners Mr. Anirban Banerjee .. Advocate ... ... for the CBI The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 420/506/120B of the Indian Penal Code and Sections 4/5/6 of Prize Chit and Money Circulation Scheme (Banning) Act, 1978.
It is submitted on behalf of the petitioners that they are in custody for about three years and nine months and that there is hardly any possibility of the trial concluding in the near future. It is further submitted that the petitioners are entitled to bail in terms of Section 436A of the Code of Criminal Procedure in view of the fact that they have suffered undertrial incarceration for more than half of the maximum sentence which may be imposed upon them by the trial court.
Learned Counsel for the CBI strongly opposes the prayer for bail and submits that the petitioners were running a money circulation scheme and had caused wrongful 2 loss to the tune of Rs.41 lakhs. He further submits that in view of the gravity of the offence and its far reaching ramifications, prayer for bail of the petitioners may be refused.
We have considered the materials on record. Allegations against the petitioners are serious in nature. We, however, note that the petitioners were granted interim bail by this court which subsequently came to be cancelled. Since then the petitioners are in custody for more than three years and nine months. Examination of prosecution witnesses (62 in number) has not commenced as yet. A fine balance is to be struck between the gravity of the offence which no doubt is serious in the present case and the undertrial detention of the petitioners which is more than half of the maximum sentence that may be awarded to the petitioner in this case. Furthermore, there is hardly any possibility of the trial concluding in the near future. In view of the aforesaid facts and circumstances of the case, we are of the opinion that further detention of the accused/petitioners is not necessary and they may be enlarged on bail however, subject to strict conditions.
Therefore, the accused/petitioners, namely (1) Sk. Jasim Hossain & (2) Sk. Jasmir Hossain, be released on bail upon furnishing bond of Rs.1,00,000/- (Rupees One lakh only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Barasat, North 24-Parganas subject to condition that the said petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future and on further condition that they shall report to the office of the Additional Superintendent of Police, CBI, SIT, Kolkata
- 700 064 once in a month until further orders and shall not leave the country without the 3 leave of the court and shall deposit their passports, if any, before the trial court before being released on bail.
In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)