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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 ..... not have been perpetuated. His role in the crime is pivotal and cannot be discounted as a minor one - the 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 levelled against him. Materials collected in support of the accusation - HELD THAT:- The materials on record are corroborated by regular telephonic communications between Md. Enamul Haque, Sehgal Hossain and the petitioner. Materials collected during investigation indicate that petitioner used to talk with other conspirators through the mobile phone of co-accused Sehgal. It is argued the contents of their conversations are unknown. It is relevant to note CDRs show meeting of minds between the conspirators. Nature of the deliberations can be inferred from the statement of Sk Abdul who endorses payments made to petitioner by the cattle smuggler Md. Enamul Haque through Sehgal and another co-accused. These circumstances give rise to a reasonable inference of conspiracy. Once existence of conspiracy is shown, acts of each conspirator in pursuance of the common intention would bind the others and establish th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sr. Adv., Mr. Arun Kumar Maiti, Adv., Mr. Anirban Mitra, Adv., Mr. Amajit De, Adv., Mr. Somnath Adhikary, Adv.. For the State : Mr. Saswata Gopal Mukherjee, Ld. PP, Mr. Rudradipta Nandy, Ld. APP. ORDER JOYMALYA BAGCHI, J. :- Facts leading to the bail application:- 1. Petitioner is the President of the District Committee of All India Trinomool Congress. He was arrested on 11.08.2022 in the present case. The case was registered by CBI alleging one Md. Enamul Haque and his associates had entered into conspiracy with BSF and customs officials to illegally smuggle cattle to Bangladesh. To enable the movement of the cattle through the Districts 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the present case have been falsely implicated in connection with an unnatural death case in CBI custody. Even the Judge concerned had received threats resulting in registration of a criminal case. 5. In view of the aforesaid insinuations made against the State Police Administration, this Court issued notice upon the Public Prosecutor and called upon him to submit report with regard to the criminal cases registered in connection with the alleged threat held out to the Judge and also the subsequent case registered against the petitioner. 6. In response of the notice, learned Public Prosecutor has submitted reports with regard to the 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecurity of the country. Petitioner as a powerful political personality illegally aided and abetted the cattle smuggler Md. Enamul Haque in the venture. He used his influence to ensure smooth passage of cattle through the Districts of Birbhum and Murshidabad to reach the international border in lieu of wrongful gains and amassed enormous illegitimate wealth. It is contended he is not the principal offender. As per prosecution case, power and influence of the petitioner was essential for the smooth operation of the cattle smuggling syndicate in the Districts of Birbhum and Murshidabad. Without 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 compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blish their culpability [See section 10 of the Evidence Act] . Hence, we are of the view there are ample materials collected during investigation implicating the petitioner in the crime. (iii) Influencing witnesses and derailing investigation:- 13. Mr. Singh strongly contends that petitioner is a man of paramount influence. While in custody, he continues to intimidate witnesses through his men and agents. That apart, he has overwhelming control over the State Police Administration. They assisted him to thwart the execution of a production warrant issued against the petitioner in the E.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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh wrongful gain is continuing. To release of the petitioner on bail at this stage would adversely affect the morale and confidence of witnesses and seriously impact the collection of evidence during further investigation. (iv) Bail on parity circumstances peculiar to the petitioner:- 20. It is argued that Md. Enamul Haque, who is the principal accused is on bail. The public servant, i.e., Satish Kumar has also been enlarged on bail. Hence, petitioner ought to be released on bail on parity. Md. Enamul Haque was released on bail by the Apex Court after one year. Petitioner 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 -vis co-accuseds from all perspectives. Paramount influence of the petitioner as a political heavy weight and materials collected showing misuse of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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