Courts On Its Own Motion v. Rajnish Bain And ORS

24.03.2025 Court No.26 S.D.

C.R.R. 380 of 2024 in CRM (DB) 4781 of 2023 The Court on its Own Motion Vs.

Rajnish Bain & Ors.

Mr. Rudradipta Nandy, Ld. APP Ms. Arani Bhattacharya ... ...For the State Mr. Arun Kumar Maity Mr. Manabendranath Bandyopadhyay ..For the U.O.I.

Mr. Dhiraj Trivedi, Sr. Adv., Mr. Arijit Chakraborti Mr. Deepak Sharma ..For the E.D.

The Coordinate Bench issued a Rule as to why the bail granted in favour of the co-accused should not be cancelled. Rule is taken up for consideration in presence of the learned Additional Public Prosecutor for the State and the Deputy Solicitor General for the Enforcement Directorate. None appears for the private respondents.

By a writing dated June 19, 2024, Enforcement Directorate expressed the view that custodial interrogation of the private opposite parties are not required despite the investigations not being concluded till date. Attention of the Court is drawn to an order dated July 19, 2024 passed in C.R.R. 386 of 2024 in C.R.M. (DB) 4786 of 2023.

It is submitted at the bar that similar order may be passed in the present case.

In the present case, Enforcement Directorate does not require custodial interrogation of any of the private parties involved.

In an application being C.R.M. (DB) 4786 of 2023, Rule was issued for the purpose of cancellation of bail of the other co-accused.

In view of the Enforcement Directorate not requiring the custody of the private opposite parties in the matter, we dispose of the Rule being C.R.R. 380 of 2024 by imposing the following restrictions upon the private opposite parties. The private opposite parties will submit their passport, if any, before the learned Magistrate within 72 hrs. from now. Private opposite parties shall not leave the country without the leave of the learned Magistrate.

Private opposite parties are directed to report to the Officer-in-Charge, Bank Fraud Section, Detective Department, as well as to the Assistant Director, Enforcement Directorate, Kolkata Zone - 1 as and when necessary.

Contempt proceeding is dropped and the Rule stands discharged.

(Debangsu Basak, J.) (Smita Das De, J.)