Court On Its Own Motion v. Rajnish Bain And ORS

19.07.2024 Sl. No.8 akd C. R. R. 386 of 2024 [ASSIGNED] in C. R. M. (DB) 4786 of 2023 Mr. Debasish Roy .. ld. Public Prosecutor Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Arani Bhattachrya ... ... for the State Mr. Dhiraj Trivedi .. ld. Dy. Solicitor General of India Mr. Arijit Chakraborti ... ... for the Enforcement Directorate Md. Shahjahan Hussain Mr. Aniruddha Mitra Md. Saddam Hussain ... ... for the accused-Rajnish Bain, Amit Jain, Sandip Das & Prem Sagar Re : C. R. R. 386 of 2024

1. While rejecting bail prayer of one Manmeet Kaur, this Court noted that the profile of the allegations involved laundering of money beyond the territory of India. It also came to the notice of this court that without considering the aforesaid fact a number of co-accused had been released on bail by the learned Magistrate. In view of the aforesaid and to ascertain whether custodial interrogation by State police or Enforcement Directorate is necessary to unravel the ramifications of the crime which extended beyond the territorial limits of the country, this court was inclined to issue a suo motu rule for cancellation of bail of the said accused.

2. Enforcement Directorate was also added as a party to the proceeding. Enforcement Directorate has submitted report.

3. We have perused the report. In the report the Enforcement Directorate has contended though custodial interrogation of the Signed By :

ARUP KUMAR DAS High Court of Calcutta 19 th of July 2024 06:25:22 PM

respondents-accused is not necessary, they require to cooperate with investigation as and when necessary.

4. Learned Additional Public Prosecutor contends that the accused persons are from different parts of the country and conditions may be imposed upon them to ensure their cooperation during investigation and ensuing trial.

5. In view of the aforesaid submissions made on behalf of the Enforcement Directorate as well as the State, we are of the considered opinion custodial interrogation of the respondentsaccused is not necessary in the cases pending against them. However, they require to cooperate with the investigation in accordance with law.

6. Accordingly, we are of the view bail granted to the respondentsaccused need not be cancelled but they are directed to submit their passports, if any, before the learned Magistrate within 72 hours from date. They shall not leave the country without the leave of the learned Magistrate. They are directed to report to the Officer-incharge, Detective Department, Anti-bank Fraud Section as well as to the Assistant Director, Enforcement Directorate, Kolkata Zone-1 as and when necessary.

7. With the aforesaid directions, CRR 386 of 2024 is disposed of. (Biswaroop Chowdhury, J.) (Joymalya Bagchi, J.) Signed By :

ARUP KUMAR DAS High Court of Calcutta 19 th of July 2024 06:25:22 PM