Basanti Mondal vs Republic Of India (CBI)

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

I.A. No.391 of 2024

Heard learned counsel appearing for the Petitioner and learned Special Counsel appearing for the CBI. Perused the materials placed before this Court.

This I.A. has been filed by the Petitioner seeking her release on interim bail.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with SPE Case No-21/2014 (Arising out of R.C No-26 / S / 2014-Kolkata), pending in the Court of learned Special C.J.M, (CBI), Bhubaneswar for alleged commission of offence punishable under Sections 120-B / 420 / 409 of Indian Penal Code, 1860 and r/w Section 4,5 and 6 of the Prize Chits & Money Circulation Schemes (Banning) Act,1978.

Learned counsel for the Petitioner submitted that the husband of the Petitioner, who was also in custody, has been enlarged on interim bail on the ground of his illness. He further submitted that in the month of September, 2022, the husband of the Petitioner was referred to SCB Medical College and Hospital, Cuttack since he complained of severe chest pain. After medical checkup, the Assistant Professor of Cardiology in the SCB Medical College suggested Coronary Artery Bypass Grafting (CABG) which was carried out immediately. Learned counsel for the Petitioner further contended that the husband of the Petitioner was not willing to undergo the surgery at SCB Medical College and Hospital, Cuttack. Therefore, the surgery was delayed. He further contended that the husband of the Petitioner filed BLAPL No.12707 of 2023 before this Court. During pendency of the said bail application, an I.A. was moved bearing I.A. No.216 of 2024 seeking interim release of the Petitioner in that case. In course of hearing of the aforesaid I.A., a Coordinate Bench of this Court had issued a direction to the Director of the Capital Hospital, Bhubaneswar to constitute a Special Medical Board to examine the health status of the petitioner in that case and to submit a report of the same. Accordingly, a Medical Board was constituted and the Petitioner was examined by the aforesaid Medical Board. The Medical Board submitted their report wherein it was mentioned that the husband of the Petitioner is suffering from Acute Myocardial Infarction. On the basis of the said report, this Court vide order dated 13.03.2024 was pleased to release the husband of the Petitioner on interim bail for a period of four months from the date of his release with the terms and conditions as has been mentioned in order dated 13.03.2024.

After release of the husband of the Petitioner on interim bail, the present I.A. has been filed by the wife of the Petitioner on the ground that the presence of the Petitioner is necessary to arrange the requisite fund and to take care of her husband. He further contended that the husband of the Petitioner has nobody to look after except his daughter. Learned counsel for the Petitioner further contended that in the event she is released on interim bail, the Petitioner is ready and willing to abide by any terms and conditions that would be imposed by this Court.

Learned Special Counsel for the CBI on the other hand contended that since the copy of the I.A. was only served yesterday, he has not obtained proper instructions on the same. He further contended that as per prior instructions received, the husband of the Petitioner has two persons to look after him i.e. his nephew and his daughter. He further contended that the Petitioner, prior to her arrest, was absconding. In such view of the mater, learned Special Counsel for CBI expresses his apprehension that in the event the Petitioner is released on interim bail there is every likelihood that she might abscond. He further contended that she was arrested from Mumbai, where she was living under a fake identity. On such ground, learned Special Counsel for CBI submitted that the interim bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the grounds taken in the interim application and further taking note of the fact that the husband of the Petitioner was suffering from Acute Myocardial Infarction and he has been released on interim bail by a Coordinate Bench of this Court vide order dated 13. 03.2024 and further taking into consideration the fact that the petitioner has been in custody since 10.05.2018, this Court is inclined to release the Petitioner on interim bail to facilitate her to take care of her husband subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on interim bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(Rupees Fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner on interim bail shall be for a period of two months from the date of her release from jail into custody. The release of the Petitioner shall also be subject to the following conditions:-

i) at the time of the release on interim bail, she shall furnish her native address and other details like Aadhar Number, Telephone Number in the shape of an affidavit which shall be subject to verification by the learned Trial Court.

ii) shall not misuse the liberty granted by this Court in the shape of interim bail.

iii) while on bail shall not make any attempt to tamper with any prosecution evidence and shall not influence, threaten or harass any prosecution witnesses.

iv) shall surrender her travel documents such as passport before the learned court in seisin over the matter.

v) shall keep the SP, CBI, Bhubaneswar informed about her whereabouts once every week.

Violation of any of the aforesaid terms and conditions shall entail cancellation of interim bail.

Accordingly, the I.A. is disposed of.

BLAPL No.3212 of 2024

List this matter on 30.07.2024. By which date the petitioner shall surrender before the trial Court on the date of expiry of the interim bail positively, failing which she will be taken into custody forthwith, also she shall produce before this court her surrender certificate on such date.

A free copy of this order be handed over to learned Special Counsel for CBI.

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