AI Structured Summary
Not yet generated for this judgment
Judgment
The hearing of the bail application was concluded on 24.04.2019 and the interim bail was extended till 29.04.2019 and the matter was kept under the heading for orders.
Today the matter is taken up for passing order. By an order dated 07.12.2018 a coordinate bench of this Court while granting interim bail categorically observed "we make it clear that the said order has been passed without considering the merits of the case."
The learned Lawyer for the petitioner submitted that he would not canvass the case on merit but primarily would agitate the confirmation of bail of the petitioner on the ground that the daughter of the petitioner is affected by a genetic disease namely Mucopolysaccharidosis type IV also known as Morquio syndrome. According to the learned Lawyer there is no male member in the family who could take care of the treatment of his daughter and such treatment requires intermittently visit to different places particularly Delhi and Hyderabad. He drew the attention of this Court to the medical papers and also the operation which the daughter of the petitioner had to undergo and who is presently under observation of the Doctor, requiring regular visits every 3 to 6 weeks. He further contended that the petitioner was arrested on 03.08.2017 and till his release on interim bail on 07.12.2018 he has suffered almost 490 days in custody and a charge-sheet has already been submitted in connection with the instant case on or about 30.10.2017, as such further detention of the petitioner is unwarranted.
The learned Lawyer for the CBI opposed the prayer for bail and submitted that other accused persons are still absconding, the petitioner was not available at the address provided in the cause title, he did not cooperate with the investigation of the case and if he is allowed to remain on bail, further investigation of the case would be seriously jeopardized.
The learned Lawyer for the CBI further submitted that, the disease so referred for releasing the petitioner on humanitarian grounds, relates to his daughter, which was existing much prior to his arrest and the plea of no male member being there to assist in the treatment of the daughter of the accused/petitioner is a ploy, as there are other relations in the family of the petitioner.
We have perused the case diary and the charge-sheet No.05/17 dated 30.10.2017 submitted by the CBI with a prayer for continuation of further investigation, a perusal of the charge-sheet reflects that the total quantum of money/funds involved is about 454 crores and the same were accepted from 8,38,483 depositors/investors. From the reports submitted and the materials collected in course of further investigation we find specific allegations involving the petitioner in destruction of evidence connected with the instant case and non-cooperation with the investigating agency relating to materials which could be collected with the aid of the present petitioner. It was informed by the CBI that further investigation is still continuing, and further custodial interrogation of the petitioner is required for the sake of the present investigation.
Taking into account the fact that huge amount of money being involved, the role of the petitioner in the alleged commission of the offence, the deprivation faced by the depositor/investors, non-cooperation of the petitioner and primarily the destruction of evidence, we do not think it to be a fit case where merely on humanitarian grounds it would be safe to release the petitioner on bail.
Accordingly the prayer for bail of the petitioner is rejected.
The interim bail was extended till 29.04.2019, the petitioner therefore is directed to surrender before the learned ACJM, Baruipur by 30.04.2019, in the alternative the learned ACJM, Baruipur, would resort to the harsher process of law.
With the aforesaid observations CRM 9254 of 2018 is disposed of.