Shri.Mohammed Sajid v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM (SB)/5/2025 In Re:- An application for bail under section 483 of BNSS, 2023 filed on 04.11.2025 in connection with FIR No.14 of 2025 dated 15.05.2025, Police Station Crime and Economic Offences under Sections 406, 409, 419, 420, 463, 467, 468, 471, 120 B and 34 of Indian Penal code, 1860, pending before the learned Chief Judicial Magistrate at Port Blair being GR Case No. 295 of 2025.

And In the matter of Shri Mohammed Sajid Vs The State Mr. Milon Mukherjee, Sr. Adv.

(through virtual mode) Mr. T. Harish Kumar ... for the petitioner Mr. Sumit Kumar Karmakar ... for the respondent November 6, 2025 [AKB] Item No.3 It was submitted by the learned advocate representing the petitioner as well as State that the instant petitioner had not preferred any prior bail application before this Hon'ble Court which had been rejected.

Mr. Milon Mukherjee, learned Senior Advocate appearing on behalf of the petitioner submitted the instant petitioner to have obtained a loan amount to the tune of Rs. 5.15 Crore from the Andaman and Nicobar State Cooperative Bank, Port Blair for the purpose of purchasing 4 semi submarine boats and had been falsely implicated in the aforesaid police station case on allegation of obtaining the said amount of loan in contravention of legal formalities defrauding the said bank.

It was further submitted the charge sheet in the instant police station case had been filed on 19.09.2025 and the petitioner had been in custody since 07.07.2025. Since the investigation had been completed, the custody of the petitioner was not required any further and sought for an order of bail accordingly.

The learned advocate representing the State submitted voluminous documents were required to be assessed by the Investigating Officer since the gravity and intensity of the offences alleged to have been committed could not be restricted to the instant charge sheet. The loan amount was disbursed on verbal assertion of co-accused Kuldeep Rai Sharma in absence of valid documentation of granting loan. The investigation required further submission of supplementary charge sheet depending upon the progress of investigation with regard to other co-accuseds. It was further anticipated by the learned advocate representing the State that the petitioner might tamper with the evidence and influence/instigate/intimidate the witnesses to prejudice the process of trial.

The role of the petitioner as far as the charge sheet is concerned reflected utilization of Four Crore loan from the Cooperative Bank which had been obtained securing family property for procuring REEF LOOKER Semi Submarine boats from CROATIA covering associated expenses such as transportation, licensing and setup. It had been alleged out of the aforesaid amount only two boats were purchased in his name.

petitioner denied of having any direct link with the Shell Firm Director as claimed by the learned advocate representing the State that the amount of loan was misappropriated through fake companies set up by the co-accused Kuldeep Rai Sharma, which was redirected in favour of the present petitioner. The charge sheet further stated the confrontation regarding direct link with Shell Firm Directors was confirmed to be of 'no direct acquaintance'. The investigation having been concluded as far as the participation the present petitioner in the alleged offences is considered, further custody is not required. However, the presence of the petitioner should be ensured before the Trial Court as and when required by the Trial Court during the process of Trial.

The petitioner is granted bail on the following conditions:-

1. The petitioner shall be released on bail by furnishing bond of Rs. 1,00,000/- (Rupees One Lakh only) with four registered sureties of Rs. 25,000/- each with the satisfaction of learned Chief Judicial Magistrate at Port Blair.

2. The petitioner will submit the passport and other relevant documents at the Police Station Crime and Economic Offences.

3. The petitioner will not leave the jurisdiction of this Court.

4. The petitioner will meet the Police Station Crime and Economic Offences once a week until further orders.

5. The petitioner will further appear before the Trial Court on each and every date fixed for hearing and will not tamper with the evidence or try to influence/intimidate any of the witnesses.

6. The petitioner is to attend the Trial Court on each and every date of trial.

With the above directions CRM (SB)/5/2025 is disposed of.

(Ananya Bandyopadhyay, J.)