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TMI Blog2023 (1) TMI 1412X X X X Extracts X X X X X X X X Extracts X X X X ..... of Birbhum and Murshidabad, Md. Enamul Haque had obtained illegal favours from the petitioner, a powerful political satrap. It is contended the petitioner used his influence to facilitate the crime and received wrongful gains for his patronage. 2. In the course of investigation, CBI summoned the petitioner for interrogation but he evaded the process. He unsuccessfully challenged the summons before the High Court and even sought refuge in a hospital in Kolkata on the excuse of medical check up. Finally, he attended the interrogation on 11.08.2022 but refused to cooperate. Under such circumstances, CBI arrested the petitioner. Subsequently, CBI filed the fourth supplementary charge-sheet in the case wherein the petitioner has been shown as an accused. Bail prayer of the petitioner was turned down by the Special Court. Hence, petitioner has approached this Court seeking bail. Arguments at the Bar:- 3. Mr. Sibal, Senior Counsel submits co-accuseds Md. Enamul Haque and Satish Kumar are on bail. Though CBI had not arrested other accuseds, petitioner was illegally arrested due to his political affiliations. It is strongly contended no legally admissible material has been collected to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid cases. Reports are kept on record. Principles governing bail:- 7. Grant of bail to an undertrial requires a fine balance between the right to liberty and presumption of innocence of an accused on one hand and public interest in the discharge of sovereign duty of the State to investigate, prosecute and punish an offender on the other hand. Detention of an undertrial is not to punish him even before he is pronounced guilty. The purpose of detention pending trial is to ensure smooth and proper administration of criminal justice. 8. To decide whether an undertrial ought to be granted or denied liberty, the Court is required to consider the following relevant factors:- (i) Gravity and seriousness of the accusation; (ii) Materials collected in support of the accusation; (iii) Possibility of the accused committing similar offences while on bail; (iv) Chance of abscondence; (v) Possibility of the accused influencing witnesses or tampering evidence; (vi) Character, behaviour and standing of the accused and the circumstances which are peculiar to the accused; (vii) Impact of the release of the accused on society in general and the victims/witnesses in particula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t his patronage the organized crime could not have been perpetuated. His role in the crime is pivotal and cannot be discounted as a minor one. 11. Mr. Sibal argued petitioner has been singled out and arrested out of political vindictiveness. To make this point he contended other accuseds, namely, Md. Golam Mustafa @ Patal, Rasheda Bibi, Tania Sanyal, Badal Krishna Sanyal and Sk Abdul Rahim were not arrested. Petitioner is a prominent political personality whose patronage provided the cover that facilitated the cattle smuggling trade. By no stretch of imagination his role in the crime can be compared with Md. Golam Mustafa and Rasheda Bibi who are the associates of the principal cattle smuggler Md. Emanul Haque. Tania and Badal are relations of the BSF Commandant Satish Kumar. Illegal gratifications received by Satish Kumar were transferred in their favour. Sk. Abdul Latif is also an associate of Md. Enamul Haque. Unlike the petitioner, all the aforesaid accuseds cooperated with the investigation. Hence, arrest of the petitioner cannot be said to be unlawful or actuated with malice. On the other hand, it appears to be founded on the gravity and the seriousness of the accusation lev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .D. Case. 14. Mr. Sibal in reply submitted none of the intimidations or threats alleged by CBI can be traced to his client. 15. We have considered the materials on record. In the opposition filed by the CBI it is averred one of the vital witnesses, namely, Sh. Manoj Sana is missing. Statement of another witness has been placed before us which shows during the bail hearing he had been threatened by the petitioner from jail. Mr. Singh informs us steps are being taken to ensure witness protection. 16. Apart from the aforesaid materials showing intimidation of witnesses a very disturbing feature has come to our notice. A production warrant had been obtained against the petitioner by Enforcement Directorate in a money laundering case registered against him in New Delhi. Immediately thereafter, on 09.12.2022 a criminal case, namely, Dubrajpur Police Station Case No. 266/2022 dated 19.12.2022 under sections 323, 325, 307, 506 IPC was lodged implicating the petitioner in a purported incident of assault which is said to have occurred one and half years ago. Though no medical papers in support of such assault were placed, the State Police Administration in post haste obtained police custo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner is in custody for about 5 months. He cannot claim parity with Md. Enamul Haque. In addition thereto, petitioner continues to hold a powerful political post. He has overwhelming influence not only in society but upon the State administration. Accordingly, he stands on a completely different footing from the co-accuseds including the public servant Satish Kumar who are on bail. Grant of bail on principle of parity requires assessment of the case of an undertrial vis à-vis co-accuseds from all perspectives. Paramount influence of the petitioner as a political heavy weight and materials collected showing misuse of such power to influence witnesses and derail the investigation places him in a unique position in comparison to others who are on bail. Enlargement of the petitioner on bail would have an ominous impact not only on the witnesses but on the smooth administration of criminal justice in the case. Conclusion:- 21. For the aforesaid reasons, we are not inclined to enlarge the petitioner on bail at this stage. 22. Needless to mention observations in this order are for the purpose of disposal of this application and shall not have any bearing at the subsequent st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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