Basir Hossain Laskar v. Sp, CBI

01.03.2023 (KC 17)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 359 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

In the Matter of : Basir Hossain Laskar .....petitioner.

Mr. Biswajit Goswami ...for the petitioner. Mr.Kallol Kumar Basu, Mr.Manabendranath Bandyopadhyay ...for the C.B.I. This Ponzi case is of 2013. Other co-accused are on anticipatory bail.

The petitioner is the managing director of the organisation alleged to be involved in the Ponzi scam. It is alleged by learned counsel for the respondent C.B.I. that the petitioner was absconding and so could not be arrested.

We were not shown any document to suggest evasion of any process of service of summons, orders etc. by the petitioner.

Investigation is complete. Charge-sheet has been filed.

The C.B.I. wants to file a supplementary chargesheet after custodial interrogation of the petitioner.

Since the petitioner could not be arrested for ten years, we feel that at this point of time custodial interrogation is not required.

We dispose of this application by directing that as and when the investigating officer summons the petitioner, he shall attend his office. Each day's interrogation should not exceed six hours. If the petitioner fails and neglects to attend in response to the summons, the respondent shall be at liberty to apply before this court for a direction permitting them to immediately take the petitioner in custody for custodial interrogation.

The application for anticipatory bail [CRM (A) 359 of 2023] is, accordingly, disposed of.

(I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)