Today, the Supreme Court granted bail to Kuntal Ghosh, the suspended Trinamool Congress youth leader, in connection with the cash-for-jobs recruitment scam case filed by the CBI.
A bench consisting of Justice Surya Kant and Justice Ujjal Bhuyan granted bail to Kuntal Ghosh, citing the improbability of the trial concluding in the near future. Although the CBI filed a chargesheet in January 2024, the Special Court had not taken cognizance due to the absence of supporting documents. Additionally, the CBI plans to file supplementary chargesheets.
Recognizing that the investigation could take time due to the complexity of the allegations and the evidence required, the Court noted that the continued detention of the petitioner may not be justified.
"It is too early to foresee the conclusion of the trial in near future...The detention of petition in custody for an indefinite period will not be in conformity with well-settled principles of criminal jurisprudence," the bench observed in the order.
The petitioner was ordered to be released on bail, subject to the conditions set by the trial court. Additionally, the Supreme Court directed that he surrender his passport to the investigating agency and not leave the State of West Bengal without prior permission from the trial court or the investigating agency. He was also instructed to provide his mobile number to both the investigating agency and the trial court.
The CBI's counsel urged the Court to impose a condition barring the petitioner from holding any political office during the pendency of the proceedings. However, the bench stated that it could not issue such a direction. Instead, the Court ordered that the petitioner should not hold any public office while the case is ongoing. The Court further clarified that the bail conditions set by the High Court in the related case registered by the Enforcement Directorate would also apply to this case.
Ghosh's counsel submitted that he had been granted bail in the related PMLA case by the Calcutta High Court and sought relief, highlighting the unlikely prospect of the trial commencing soon. The counsel pointed out that the petitioner had been in custody for over 19 months, since his arrest on February 20, 2023, and noted that the three co-accused had already been granted bail.
The Additional Solicitor General, representing the CBI, opposed Ghosh's bail plea, arguing that he was involved in a large-scale scam and had created a fake website resembling the official one of the West Bengal Board of Primary Education. The ASG claimed that bribes amounting to nearly Rs. 4 crores were collected from undeserving candidates for recruitment. He emphasized that Ghosh, being an influential figure from the party in power in West Bengal, could intimidate witnesses if released. The ASG also stated that the investigation was still ongoing, with the CBI planning to file supplementary chargesheets.
Flagging the delay in the commencement of the trial, Justice Kant said, "Last time you said you propose to examine 183 witnesses. Your investigation is not complete. We don't want to impede your investigation, but the fact remains that process is taking further time."
Ghosh faces charges related to cheating and forgery under the Indian Penal Code, as well as offences under the Prevention of Corruption Act. Following his arrest, the Trinamool Congress (TMC) suspended him in March 2023.
Case : KUNTAL GHOSH Vs CENTRAL BUREAU OF INVESTIGATION | SLP(Crl) No. 13352/2024
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