Tapan Das And Others vs CBI

Tirthankar Ghosh, J

The two appeals being CRA No.185 of 2018 and CRA No.200 of 2018 arise out of the same case being Special Case No.12 of 2001 (R.C. Case No.24 of 1999) wherein the learned Judge, C.B.I. Court (Special) at Alipore was pleased to convict the appellants and sentenced them accordingly.

In course of hearing, it is found that on two counts the case is to be remanded back to the learned Trial Court.            Firstly, the incriminating circumstances on which the learned Court relied upon to arrive at the finding of guilt were not put to the accused at the stage of Section 313 of the Code of Criminal Procedure. Secondly, I find that the learned Trial Court convicted the appellants Michael Bilung @ Michael Billong and Tapan Kumar Das under Sections 120B/420/477A of the Indian Penal Code and also convicted Michael Bilung @ Michael Billong under Section 13 (1) (d) of the Prevention of Corruption Act, 1988. However, while sentencing the accused/appellants it is found that the appellant Tapan Kumar Das was sentenced only under Section 420 of the Indian Penal Code and Section 120B of the Indian Penal Code and not for any other offence, and no sentence has been imposed for the offence under Section 477A of the Indian Penal Code. Thirdly, I also find that although, charge was framed under Section 120B read with Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988, I do not find any reason for convicting the accused only under Section 120B of the Indian Penal Code.

Having due regard to the observations made above, I set aside the judgment dated 28.03.2018/29.03.2018 and direct the learned Trial Court to conduct fresh examination of both the appellants under Section 313 of the Code of Criminal Procedure and after compliance with the subsequent stages arrive at a fresh finding on the basis of the evidence available before the Court.

It has been brought to my notice that the appellant being,

Tapan Kumar Das who is presently in custody was on bail throughout the trial. The learned Trial Court would consider his bail application afresh, once he is produced before the Court on the first occasion in the background that if he is ready to furnish bond by way of sureties who would deposit fixed deposit receipt of Rs.10,00,000/- (Rupees Ten Lacs only) and the original title deed in respect of a property worth Rs.50,00,000/- (Rupees Fifty Lacs Only), for this purpose the Trial Court would be at liberty to verify the authenticity of the fixed deposit receipts and the title deed of the property and take an undertaking from the sureties whosoever, furnishes the fixed deposit receipt and the title deed. If the appellant, Tapan Kumar Das is able to comply with the aforesaid conditions and is subsequently released, in that case he would meet with the Superintendent of Police, C.B.I. Anti- Corruption Branch, 14th Floor, 2nd M.S.O. Building, Nizam Palace, 234/4 A.J.C. Bose Road, Kolkata - 700 020 once in a week till the judgement is delivered by the learned Trial Court.

So far as the appellant, Michael Bilung @ Michael Billong is concerned, he has been granted bail pursuant to the appeal being admitted by the High Court. He may be allowed to continue with the same bond furnished but subject to conditions being imposed upon him that he shall not leave the jurisdiction of the Metropolitan Area of Calcutta till the judgement is delivered by the learned Trial Court. The appellant, Michael Bilung @ Michael Billong will also meet the Superintendent of Police, C.B.I. Anti- Corruption Branch, 14th Floor, 2nd M.S.O. Building, Nizam Palace, 234/4 A.J.C. Bose Road, Kolkata - 700 020 once in a week till the judgement is delivered by the learned Trial Court.

The learned Trial Court is to see that all efforts are made for completing the procedure and arriving at a fresh finding by 28.02.2020.

Accordingly, CRA 185 of 2018 and CRA 200 of 2018 are allowed with the aforesaid directions.

Let the Lower Court Records be sent down immediately by special messenger at the cost of the appellants to be paid in course of this week.

Department is directed to communicate this order to the learned Trial Court below.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis after compliance with all necessary formalities.