CENTRAL BUREAU OF INVESTIGATION Vs. MADAN GOPAL MITRA

JUDGEMENT

(1.) The application under Section 407 and 482 of the Code of Criminal Procedure, 1973 is filed by the petitioner, Central Bureau of Investigation praying for transfer of Criminal Misc. Case No.3258 of 2015 filed by the opposite party for bail under Section 439 of the Code of Criminal Procedure before the Court of Learned Sessions Judge, South 24 -Parganas at Alipore.

(2.) The backdrop of the present case, in brief, is that on May 9, 2014 the Supreme Court transferred the investigation of the following cases registered in different police stations in the State of West Bengal and Orissa from the State Police Agency to the Central Bureau of Investigation which are laid down in paragraph 42 of "Subrata Chattoraj V. Union of India" and "Alok Jena V. Union of India" reported in (2014) 8 SCC 768, which are as follows: "42.1 - All cases registered in different police stations of the State against Saradha Group of Companies including Crime No.102 registered in Bidhannagar Police Station, Kolkata (North) on 06.05.2013 for the offences punishable under Sections 406, 409, 420 and 120B IPC, 42.2 - All cases in which the investigation is yet to be completed registered against any other company up to the date of this order, 42.3 - CBI shall be free to conduct further investigation in terms of Section 173 (8) Cr.P.C. in relation to any case where a charge -sheet has already been presented before the jurisdictional court against the companies involved in any chit fund scam, 42.4 - All cases registered against the 44 companies mentioned in our order dated 26.03.2014 passed in "Subrata Chattoraj V. Union of India." CBI is also permitted to conduct further investigations into all such cases in which charge -sheets have already been filed."

(3.) The petitioner, Central Bureau of Investigation (hereinafter referred to as CBI) took up the investigation and arrested the opposite party on 12.12.2014. The charge -sheet was submitted against the opposite party on 18.02.2015 for the offence under Section 120B/420/409 of the Indian Penal Code and under Section 4 and 6 of the Prize Chit Money Circulation (Banning) Act, 1978. The application for bail of the opposite party was rejected by Learned Sessions Judge, Alipore on 11.02.2015. On 12.02.2015 the opposite party preferred application for bail before the High Court by filing CRM No.1363 of 2015. The hearing of the bail petition before the Hon'ble Division Bench was adjourned to 24.03.2015. The hearing of the said application for bail was again adjourned to 07.04.2015 and ultimately the date of hearing was fixed on 16.04.2015. The hearing was not done on 16.04.2015 as one of the Hon'ble Judges of the Division Bench recused herself from hearing of the case. Ultimately, the said application for bail of the opposite party was taken up for hearing by another Hon'ble Division Bench of this Court on 20.04.2015, but on 22.04.2015 the said application was withdrawn and dismissed with liberty to the opposite party to approach the court of Learned Additional Chief Judicial Magistrate. On 23.04.2015 the opposite party moved the application for bail before Learned Additional Chief Judicial Magistrate, Alipore and his application was rejected. On 24.04.2015 the opposite party filed application for bail before Learned Sessions Judge, Alipore which was registered as Criminal Misc. Case No.3258 of 2015. Learned Sessions Judge gave direction to notify learned public prosecutor and to call for case diary and fixed the date of hearing on 13.05.2015. On 27.04.2015 the record was put up before learned Sessions Judge on prayer of the opposite party and on 27.04.2015 Learned Sessions Judge called for a medical report about the ill health of the opposite party from the Superintendent, IPGMER, SSKM Hospital, Kolkata with direction to submit the report by 29.04.2015. On 29.04.2015 Learned Sessions Judge preponed the date of hearing of the bail application of the opposite party from 13.05.2015 to 11.05.2015 on the ground that application for bail of another co -accused person in connection with the said case is fixed for hearing on 11.05.2015. The petitioner has prayed for transfer of the Criminal Misc. Case No.3258 of 2015 from the Court of Learned Sessions Judge, Alipore to the Hon'ble High Court for hearing as the petitioner apprehends that the petitioner will not get fair justice from Learned Sessions Judge, Alipore.