Matang Singh V. The Central Bureau of Investigation (Criminal Revision No. 637 of 2015)
Mr. Singh learned counsel appearing for the petitioner submits that since the rejection of bail by this Court on 09.09.2016, the investigation so far as the petitioner is concerned is complete and his client may be granted bail as there is a bleak prospect of the trial commencing in the near future.
It is also reported that the petitioner suffered serious complaints and the petitioner’s further detention could endanger his life. At the hearing, an affidavit was made on behalf of CBI, claiming that the inquiry into the trail of money and the greater conspiracy surrounding the role of regulatory agencies in crime was underway. The petitioner’s joint inquiry and other co-accused persons were expressly sought to confirm the evidence. On 20 December 2017, learned senior counsel for CBI argued that the complainant and other accused persons have been questioned together and which is now over. However, the money trail has been followed and fines are levied for the prosecution of the regulatory bodies. The report is provided on behalf of the CBI stating that money trailing is completed in order to transact across banking channels. However, there are yet to be traceable cash transactions. Further investigation is being considered in this field. Meanwhile, the report is registered.
Lastly, with the help of all observation and according to the facts it was stated by the court that the petitioner has been already investigated since the last rejection of his bail application in March 2017. Thus, the petitioner Mr. Matang Singh can pray for the reconsideration of his bail application according to the matrix of the case. On the other hand, it was also identified that the petitioner has no past criminal record. Moreover, the court observed that in any circumstances the police custody cannot be ordered beyond the first remand period which is of fifteen days.
Furthermore, it was added that bail could be granted to the petitioner but maintaining some strict conditions. The release of the petitioner must be done following a procedure of completing a bond of Rs. 1 crore with five sureties of Rs. Twenty Lakhs each. In addition, it was also stated that without the permission of the Court the petitioner/accused must not leave the jurisdiction of the State (West Bengal) or a warrant will be issued and the bail will be dismissed. Also, the petitioner must visit the EOIV and HOD once in a month until the further orders of the Court. The petitioner was also instructed to appear on every date of his case hearing on the court. Moreover, if the petitioner found in tampering any witnesses in any matter, he will be charged and put behind the bars for the same offense in the future. Lastly, the bail was granted by stating that failure or not maintain the above-stated conditions will gradually lead to the cancellation of his bail.
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