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Judgment
Learned Counsel for the petitioner submits that he is in custody for 55 days. It is further submitted that his wife, the absconding accused (wife of the
petitioner) had approached the Hon’ble Apex Court and the latter has been pleased to pass an order restraining her arrest. It is also submitted that
the petitioner had assailed our order dated 3rd September, 2018 in Special Leave to Appeal (Crl) No.7653 of 2018 and the said matter has been
adjourned till 3.10.2018 with a direction that this Court may peremptorily hear the matter today.
It is further submitted on behalf of the petitioner that investigation is complete and all the incriminating materials have already been seized by the
investigating agency. He emphatically submits that in course of further investigation liquid cash and other articles were not seized from the possession
of the petitioner but from the custody of one Saikat Gupta and Biswajit Chakraborty who have themselves lodged complaints against the investigating
agency. It is also argued that the petitioner is a victim of a political intrigue wherein he and his wife, a former IPS Officer, have been falsely
implicated. He accordingly prays for bail.
Learned Advocate General appearing on behalf of the State strongly opposes the prayer for bail. It is submitted while the petitioner was pursuing his
remedy for pre-arrest bail before this Court, he met the absconding accused at Indore and thereafter was a part of conspiracy to win over vital
witnesses. Complaints in this regard have been recorded at Mumbai. It is also submitted that there are overwhelming materials collected in the course
of investigation wherefrom it appears that the petitioner along with the principal accused, the wife of the petitioner, in collusion with others had
misappropriated large amounts of gold on the ruse of illegally converting demonetized currency notes. It has also come to light that the principal
accused, being a former IPS Officer, is in possession of enormous disproportionate assets, parts of which were seized in the course of the present
investigation. A separate criminal case has been registered over such matter. Hence, the prayer for bail may not be allowed.
We have considered the rival submissions of the parties. Although we have been informed across the bar that an order has been passed in favour of
the absconding accused Bharati Ghosh by the Hon’ble Apex Court, copy of such order has not been placed on record. We note that the petitioner
is in custody for 55 days. We also note that during the hearing of his pre-arrest bail prayer by this Court, he had attended the police station for
interrogation. It has been argued that he misused the permission granted to him to go outside the city of Kolkata during the hearing of his pre-arrest
bail application and met the absconding accused and/or had sought to win over witnesses.
We are not willing to go into such question at this stage since thereafter the petitioner has been arrested and has already undergone detention for 55
days. Furthermore, we are informed that the principal accused is protected by an order passed by the Apex Court. We also find that police report has
already been filed and further investigation has sufficiently progressed and various documents including liquid cash have been seized. Over such issue,
a separate criminal case has been instituted against the wife of the petitioner under the Prevention of Corruption Act. The petitioner has not been
arrested in the said case till date. In view of the aforesaid facts that matters pertaining to grant of bail and/or pre-arrest bail to the principal accused
are pending before the Hon’ble Apex Court.
Accordingly, we direct that the petitioner shall be released on interim bail upon furnishing bond of Rs.1,00,000/- (Rupees One Lakh only) with two
sureties of like amount, one of whom shall be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipore,
on condition that he shall not leave the jurisdiction of municipal limits of city of Kolkata until further orders except with the permission of this Court and
on condition that he shall provide the address where he shall presently reside to the investigating officer as well as the trial court and on further
condition he shall meet the investigating agency once in a week until further orders. He shall not intimidate the witnesses and/or tamper with evidence
in any manner whatsoever and he shall appear before the trial court on every date of hearing and in the event he fails to do so, his bail shall stand
automatically cancelled without further reference to this Court.
Interim bail shall continue till 30th November, 2018 or until further orders, whichever is earlier. Matter will appear for further hearing on 26th
November, 2018. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of
usual formalities.