Calcutta High Court (Appellete Side)
Pramatha Nath Manna vs Unknown on 21 December, 2022
21.12.2022
(KC 2)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
C.R.M. (DB) 4060 of 2022
In Re:- An application for bail under Section 439 of the Code
of Criminal Procedure, 1973.
In the Matter of : Pramatha Nath Manna
.....petitioner.
Mr. Milon Mukherjee, Sr. Adv.,
Mr. Sandipan Ganguly, Sr. Adv.,
Mr. Jaydeep Biswas,
Mr. Kaushik Ghosh ...for the petitioner.
Mr. Dhiraj Trivedi, Ld. D.S.G.I.,
Mr. Sagar Saha,
Mr. Sunil Gupta ...for the Central Bureau
of Investigation.
The petitioner is accused of being involved in a
ponzi scam.
According to the learned Deputy Solicitor General
this scam is of great magnitude and has affected a great
number of common people.
The facts of this case are shortly as follows:
The petitioner was taken in custody in September,
2014, according to Mr. Mukherjee, learned senior advocate
for the petitioner. However, according to the records he was
taken in custody on 17th March, 2015. Investigation is long
over. The Central Bureau of Investigation has till date taken
no steps to file any supplementary charge-sheet.
2
At this point of time, we think it necessary to place
on record a judgment and order of the Supreme Court in
Special Leave to Appeal (Crl.) No. 5785 of 2021 (Pramatha
Nath Manna -vs- Central Bureau of Investigation and Anr.).
The first paragraph of the said judgment records the
allegation against the petitioner of having delayed the trial
before the learned trial court. Noting this the court
proceeded to direct the learned trial judge as follows:
"we direct the Trial Court at least to
commence recording of evidence from the
month of January, 2022. The petitioner shall
cooperate with the recording of evidence and
he shall not be a cause for the delay.
Subject to substantial progress being
made in the trial and also subject to the
petitioner cooperating with the trial, his
application for bail will be considered in the
month of July, 2022, after reviewing the
progress."
Nothing substantial has happened after this
Supreme Court order. There are allegations by the petitioner
of delay having been caused by the Central Bureau of
Investigation and counter allegation by the Central Bureau of
Investigation that the petitioner has delayed the trial.
For whatever reason, which we are not probing at
this point of time, there has been non-compliance with the
said order of the Supreme Court.
3
We note at this point of time the petitioner is in
custody for about eight years. Investigation is complete,
although learned Deputy Solicitor General submits that
investigation is still proceeding and a supplementary charge-
sheet is likely to be filed.
We note that the charge-sheet was filed in 2015
and supplementary charge-sheets were filed in 2016 and in
September, 2022.
Considering all these factors, we pass the following
order.
(i) The Central Bureau of Investigation is given
liberty to carry out whatever investigation
they feel is outstanding.
(ii) Learned Special Judge will proceed with the
trial expeditiously and ensure that it is
concluded by 31st December, 2023.
We give an opportunity to the Central Bureau of
Investigation to make further investigation, as stated above,
while the petitioner is in custody.
However, from 16th January, 2023, the petitioner
will be enlarged on bail upon furnishing a bond of Rs.
10,000/- (Ten Thousand) with two sureties of like amount
each, one of whom must be local, to the satisfaction of the
learned Special Judge C.B.I. (I) Court, Bichar Bhawan,
Calcutta on the following conditions:
1.
The petitioner shall deposit his passport with
the investigating officer,
2. He shall report before the said officer as and
when summoned,
3. The petitioner shall not leave the limits of the
city of Kolkata without informing the I.C.,
4. He shall not intimidate the witnesses and/or
tamper with evidence in any manner
whatsoever,
5. The petitioner shall attend the court on each
and every day of trial, in default, the court shall
be at liberty to cancel the bail bond without any
reference to this bench.
We make it clear that if the petitioner causes any
delay in the trial, to the satisfaction of the learned Special
Judge, the delay being such which would disable the learned
Special Judge to conclude the trial by 31st December, 2023,
on the application of Central Bureau of Investigation the
learned court would have the power to cancel this order of
bail.
The application for bail [CRM (DB) 4060 of 2022]
is, accordingly, disposed of.
(I.P. MUKERJI, J.)
(BISWAROOP CHOWDHURY, J.)
