CENTRAL BUREAU OF INVESTIGATION Vs. MADAN GOPAL MITRA

JUDGEMENT

(1.) This application has been filed by the Central Bureau of Investigation (C.B.I.) praying that the order passed by the learned Additional Sessions Judge in-charge, 10th Court, Alipore, South 24-Parganas, on 9th September, 2016 in CMC No.5238 of 2016 be set aside and the bail granted to the accused/Opposite Party be cancelled. By the impugned order, the learned Sessions Judge has granted "an interim bail" on imposing certain conditions. In the subsequent paragraph of the order the learned Judge has disposed of the application for bail. In the last paragraph the learned Judge has mentioned that the matter is fixed on "23/11/16 for appr & further order, if any".

(2.) Considering these three observations of the learned Judge in the impugned order and the import of the entire order, we are convinced that the order is not one granting interim bail. The learned Judge has finally disposed of CMC No. 5238/2016 by granting bail to the accused/Opposite Party under section 439 of the Code of Criminal Procedure. We are, therefore, proceeding with this application on the basis that bail granted to the accused/Opposite Party, was not for a limited period of time but till the conclusion of the trial or till it is cancelled by subsequent orders, whichever is earlier.

(3.) The accused/Opposite Party is allegedly involved along with several others in cheating investors of their hard-earned money and has gained huge amounts running into several crores of rupees. The investors, being from the poorer sections of society, have been duped. It is because of the order of the Supreme Court in Subrata Chattoraj -vs- Union of India and Others, reported in (2014) 8 SCC 768 that the investigation of what is popularly known as the "Sarada Chit Fund Scam" is now in the hands of the C.B.I.