2023 (11) TMI 1316 - HC - Money Laundering

Illegal appointments of teaching and non-teaching staff were made to different schools in the State of West Bengal - Crux of the allegation is that petitioner and others had entered into a conspiracy to issue illegal recommendation/appointment letters to unsuccessful candidates to fill up vacancies in Group C posts in various schools in the State - whether continued detention of the petitioner is justified? - HELD THAT - Evidence in the present case relates to documents already in the possession of the Investigating Agency and/or statements of public servants. There is remote chance of the petitioner influencing or intimidating such witnesses. In this backdrop it is highly improbable that release of the petitioner on bail would in any way interfere with the progress of investigation and/or intimidate witnesses. It may also be relevant to note that in the opposition filed on behalf of the CBI, apart from stressing on the nature and gravity of the offence, there is no whisper that the petitioner would intimidate witnesses or tamper with evidence. The petitioner is entitled to be released on bail. Nature and gravity of the offences - HELD THAT - Petitioner was the President of the Board and it is alleged he had wantonly abused his official position to issue fake appointment letters to fill up public posts. It is an aspiration of every citizen to be in public employment. Such aspirations were dashed by the nefarious avarice of the accused persons of whom petitioner is one. No doubt the allegations are grave and involve corruption which adversely impacts the society at large but till date no money trail or disproportionate assets of the petitioner have been unraveled - it is informed at the Bar that an investigation under Prevention of Money Laundering Act has been registered by the Enforcement Directorate but petitioner has neither been interrogated nor arrested in the said case. However, to continue undertrial detention of the petitioner merely on the gravity of the offence when the other requirements of abscondence, tampering etc. i.e. the tripod test does not justify such end would, amount to punishing the accused under the garb of undertrial detention. It must also be borne in mind that the offences, even if proved, would not attract mandatory life imprisonment - Though the investigation appears to see some light at the end of the tunnel, in view of the large number of witnesses and voluminous documents proposed to be adduced in the two charge sheets filed till date, it is left to one s imagination when the trial would ultimately conclude. Early conclusion of trial a distant mirage - HELD THAT - No sanction has been obtained from the appropriate authority for commencement of prosecution. In fact cognizance has not been taken on the charge sheet filed as yet. In view of the state at which the criminal proceeding is presently poised, we are of the opinion there is little possibility of its commencement even in the near future. Petitioner is an old person who is suffering from various ailments. He is in detention for more than one year and two months - In this backdrop continued detention of the petitioner would not be in consonance to the principles of justice and fair procedure which is just, fair and reasonable on the touchstone of Article 21 of the Constitution of India - the petitioner is enlarged on bail however, subject to strict conditions. Therefore, the accused/petitioner, namely Dr. Kalyanmoy Ganguly, be released on bail upon furnishing a bond of Rs. 50,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Special Judge, CBI Court No. 1, Alipore, South 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not enter the jurisdiction of Park Street Police Station as well as Bidhannagar Commissionerate where the offices of the School Service Commission are situated until further orders. The application for bail, thus, stands allowed.

Summary

Issues:
1. Bail application of a septuagenarian petitioner accused in a case involving illegal appointments in schools in West Bengal.

Analysis:
The petitioner, a septuagenarian who served as the President of the West Bengal Board of Secondary Education, is accused of being involved in a conspiracy to issue illegal recommendation and appointment letters for Group 'C' posts in various schools in the state. The Central Bureau of Investigation (CBI) initiated an investigation following a court directive, leading to the petitioner's arrest and subsequent custody for 440 days. The allegations include issuing appointment letters based on forged recommendations and bypassing official procedures. The petitioner's health condition, age, and lack of possibility of abscondence were highlighted in the bail application, emphasizing his cooperation during the investigation. The CBI, on the other hand, argued against bail, citing the gravity of the offense and ongoing investigation uncovering a money trail related to illegal appointments.

The principles governing the grant of bail were considered by the court, focusing on factors such as the nature and gravity of the offense, materials collected during the investigation, detention necessity, flight risk, possibility of similar offenses, and witness intimidation. The court emphasized the importance of the presumption of innocence and the balance between individual liberty and the seriousness of the charges. The court applied the tripod test to assess the petitioner's eligibility for bail, considering his age, health condition, lack of official position, and the progress of the investigation, including the absence of evidence tampering or witness intimidation by the petitioner.

The court acknowledged the severity of the allegations involving corruption but noted the absence of a money trail or disproportionate assets linked to the petitioner. Despite the gravity of the offense, the court highlighted the importance of not prolonging undertrial detention solely based on the seriousness of the charges. The court expressed concerns about the trial's timely conclusion, especially considering the large number of witnesses and voluminous documents involved. Additionally, the absence of prosecution sanction and the remote possibility of trial commencement in the near future were significant factors in the court's decision to grant bail to the petitioner.

Ultimately, the court granted bail to the petitioner, subject to strict conditions, including a bond amount, sureties, appearance before the trial court, non-interference with witnesses or evidence, restrictions on entering specific jurisdictions, cooperation with the investigating agency, and surrendering the passport. Failure to comply with the conditions would lead to automatic bail cancellation by the trial court.