9911796707
TMI Blog2023 (11) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... ld 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointed as the President of the said Board and continued in the said position till 2022. During his tenure various illegal appointments of teaching and non-teaching staff were made to different schools in the State of West Bengal. During the hearing of a writ petition being WPA 12270 of 2021 ( Sabina Yeasmin Ors. vs. The State of West Bengal Ors. ). Learned Single Judge directed investigation by Central Bureau of Investigation into irregular appointment of candidates to the post of Clerk through 3 rd RLST (NT), 2016 examination which came to be confirmed by a Division Bench of this court in MAT 199 of 2022, CBI registered the present case against the petitioner and others. 2. 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. Petitioner as the President of the Board had acted on forged recommendation letters issued by the then President of the West Bengal Central School Service Commission and issued illegal appointment letters to 381 unsuccessful candidates. It is further alleged that the petitioner h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Commission. He bypassed the regular channels of appointment and got the fake appointment letters issued by one Rajesh Layek, a contractual employee. Investigation is still in progress and release of the petitioner would impede the process of investigation and trial. Principles governing grant of bail:- 6. Principles regarding grant of bail are well settled. They are as follows :- a) Nature and gravity of the offence; b) Materials collected in course of investigation in support of the accusation and involvement of the accused; c) Requirement of detention for the purpose of investigation/trial; d) Flight risk i.e. possibility of abscondence or evasion of the process of law; e) Possibility of commission of similar offences; f) Intimidation of witnesses and/or tampering of evidence. 7. The often quoted adage bail not jail is a dictum which illuminates bail jurisprudence more particularly at the pretrial stage. The continued detention of an accused who awaits a prolonged trial is an affront to the principles of presumption of innocence which is a part of the fasiculi fair trial rights under Article 21 of the Constitution of India. While examining the prayer for bail of the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... midate witnesses or tamper with evidence. 14. In light of the tripod test, we are of the view the petitioner is entitled to be released on bail. Nature and gravity of the offences:- 15. There is another side to the issue too. Mr. Maiti has vehemently argued the role of the petitioner in the crime involving large scale corruption in high offices. 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. We are 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. 16. However, to continue undertrial detention of the petitioner merely on the gravity of the offence whe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
