CBI Vs. PRATEEK BHALOTIA

JUDGEMENT

(1.) By filing CRR 1230 of 2014 the CBI as petitioner has challenged order impugned dated 7th April 2014 passed by the ld. 3rd Special Court, Calcutta in case on. RC 0102014A0009 dated 3rd April 2014. Also by filing the connected CRR 1294 of 2014 the CBI has challenged further order dated 10th April 2014 passed by the said 3rd Special Court, Calcutta in the same case viz, RC0102014A0009 dated 3rd April 2014. By the first impugned order dated 7th April 2014 the ld. Special Court was pleased to consider the prayer for police custody made by the CBI in respect of all the 7 accused persons. The ld. Special Court was pleased to take notice of the following facts in its order dated 7th April 2014: -

(2.) By the subsequent order dated 10th April, 2014 impugned in CRR 1294 of 2014 the ld. Special Court was again pleased to consider the bail applications filed on behalf of the accused persons in custody alongwith the remand application filed on behalf of the CBI praying for police custody in respect of the other accused persons. The ld. Special Court was also pleased to consider the reply to the show cause filed by the SP, ACB, CBI expressing his unconditional apology due to the late production of the accused persons. Such apology was accepted. The ld. Special Court was further pleased to take note of the submission made on behalf of the prosecuting agency that the allegation of bribery amounted to a sum of Rs.1 crore and the money was seized from different places of the country, the police custody of all the accused persons is necessary for interrogation.

(3.) On 10th April, 2014 it was brought to the notice of the ld. Special Court that the present revisional application being CRR 1230 of 2014 is pending before this Hon'ble Court. In view of the pendency of CRR 1230 of 2014 before this Hon'ble Court, although no order of stay was passed at that stage by the Hon'ble Court no further order was passed by the ld. Special Court on 10th April 2014 except that the accused persons were in police custody for more than two days and the CBI having received sufficient opportunity to interrogate them, the further detention of the said accused persons in police custody is not necessary. Therefore, the ld. Special Court was pleased to direct judicial custody in respect of the accused persons with the observation that the Investigating Agency may conduct the custodial interrogation in terms of any direction to be passed by this Hon'ble Court.