Debjani Mukherjee vs Central Bureau Of Investigation
2021 Latest Caselaw 3269 Cal

             IN THE HIGH COURT AT CALCUTTA
                            (Appellate Side)
                CRIMINAL MISCELLANEOUS JURISDICTION


                                                   CRM 1903 of 2020

                                                   Reserved on: 16/06/2021

                                                   Pronounced on: 19/06/2021


Debjani Mukherjee
                                                             ..............Petitioner

                                   Through:-
                                   M/s. Jayanta Narayan Chatterjee,
                                   Mr. Sabir Ahmed, Mr. Ayan Chakraborty,
                                   and Mr. Hareram Singh, Advocates
                                                      ...for the petitioner
                                                         present in Court
                                      -Vs-
Central Bureau of Investigation
                                                            ........Opposite Party

                                   Through:-
                                   Mr. Y.J. Dastoor, Ld. ASG with
                                   M/s Phiroze Edulji, and
                                   Mr. Samrat Goswami, Advocates
                                                          ...for the OP present
                                                           in Court


Coram:             THE HON'BLE JUSTICE RAJESH BINDAL,
                   CHIEF JUSTICE (ACTING)

                   THE HON'BLE JUSTICE ARIJIT BANERJEE

                                   ORDER

The Court:

1. The petitioner stands accused along with several other persons under

Sections 120B/420/409 of the Indian Penal Code, 1860 read with Sections 4

and 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978,

in RC Case No. 06/S/2014 which corresponds to T.R.No.84 of 2014, pending

before the Learned Chief Metropolitan Magistrate, Kolkata. In this application

the petitioner prays for being enlarged on bail.

2. We have heard Mr. Chatterjee, Learned Advocate for the petitioner and

Mr. Dastoor, Learned Additional Solicitor General for the CBI.

2 CRM 1903 of 2020

3. The petitioner contends that she was arrested on April 22, 2013 and

since then has been in custody. However, CBI contends that such arrest was

in connection with some other criminal case. In so far as the present case is

concerned, the petitioner was apprehended on June 14, 2014. Thus

admittedly, the petitioner is in custody for more than seven years.

4. It is not in dispute that the charge-sheet was filed on October 22,

2014. It follows that the investigation against the accused persons including

the petitioner is complete. CBI has not been able to satisfy us as to why

further custodial detention of the petitioner is necessary.

5. Trial has not started and nobody can say with any certainty when trial

will start. It does not appear that the trial will conclude within a measurable

distance of time. It will indeed be a travesty of justice to keep the petitioner

confined in jail any further if after the trial the petitioner is ultimately found

to be innocent.

6. It is also not the case of CBI that the petitioner did not co-operate in

the process of investigation. There is no allegation that she is likely to tamper

with evidence.

7. Bail is still the rule and jail is the exception during or before trial.

Personal liberty is sacrosanct and a person, even an accused, cannot be kept

incarcerated except for compelling reasons.

8. It is also pertinent to note that Kunal Kumar Ghosh, a co-accused, in

the same case, was granted interim bail by this court on October 5, 2016

which was confirmed by this Court on January 6, 2017. It appears that the

petitioner stands on the same if not better footing than the said co-accused.

9. In view of the aforesaid, we are of the opinion that the petitioner ought

to be enlarged on bail, though on terms.

3 CRM 1903 of 2020

10. Accordingly we direct that the petitioner be released on bail on

furnishing a bond of Rs.2 lakhs with two sureties of Rs.1 lakh each, one of

whom must be local, to the satisfaction of the Learned Chief Metropolitan

Magistrate, Kolkata on condition that after release, she shall not leave the

jurisdiction of the police station within the territorial limit of which her

residence is situated except for the purpose of attending court proceedings.

She shall also meet the Investigating Officer of the case once every week. We

clarify that the CBI shall be at liberty to summon her to its office for the

purpose of further investigation and interrogation, if so required. Moreover,

before her release the petitioner shall cause her passport to be deposited with

the Court concerned. The petitioner shall not make any attempt to contact

any of the prosecution witnesses and shall not tamper with evidence in any

manner whatsoever. In case of breach of any of the conditions of bail

mentioned in this order, the bail shall be liable to be cancelled by the Court

below without reference to this Court.

11. It is made clear that in the event the petitioner does not find registered

surety of the amount indicated above, she will be at liberty to furnish cash

surety instead.

12. CRM 1903 of 2020 is accordingly disposed of.

Urgent certified photocopy of this judgment and order, if applied for, be given

to the parties upon compliance of necessary formalities.

(RAJESH BINDAL) CHIEF JUSTICE (ACTING)

(ARIJIT BANERJEE) JUDGE Kolkata 19/06/2021

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PA (A.S.)