Ganpatlal Agarwala & Anr. v. CBI
Case brief
What is this about?
Revisional application challenging an order making confirmation of interim bail conditional upon payment of outstanding NPA. The court held this condition arbitrary and violative of presumption of independence. Order modified to impose standard bail conditions ensuring appearance and non-tampering.
What did the court decide?
Order modified to replace NPA payment condition with surety, undertaking on oath, and passport deposit. Interim bail confirmation remains subject to these new conditions.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 17.6.2022 sb
CRR 1949 of 2019
In the matter of : Ganpatlal Agarwala & Anr.
…….Petitioners
Mr. Sandipan Ganguly Mr. Ayan Bhattacharjee Mr. Anjan Datta Mr. Suman Pathak ...for the Petitioners Mr. Dhiraj Trivedi Mr. Pradyut Saha ….for the CBI
The present revisional application has been preferred for setting aside of the order dated 3rd May, 2019 passed by the court of learned Judge, 3rd Special (CBI) designated court in case no. RC 01/E/16 thereby granting interim bail to the petitioners on condition that the interim bail of the petitioner will be confirmed on payment of outstanding Non-Performing Asset (in short NPA) to be ascertained on DRT proceedings.
Learned counsel for the petitioner Mr. Sandipan Ganguly submits that the petitioner has been falsely implicated in connection with CBI case 1/E/2016 Calcutta dated 15th January, 2016, under Section 120B/420/467/468/471 of the Indian Penal Code read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988(in short, PC Act). After investigation, the investigating agency submitted a charge-sheet on 2.7.2018 against 14 accused persons including the present petitioner namely Sangita Agarwala. The petitioner all along co-operated with the investigating agency and she was never been arrested
2
during investigation. Inspite of full co-operation with investigating agency learned trial Court had issued warrant of arrest against the petitioner and as such the petitioner surrendered before the learned 3rd Special Judge (CBI designated court) Bankshall Court on 22.4.2019 and upon surrender, the petitioner was taken into custody and was remanded till 3.5.2019. On 3.5.2019, the petitioner prayed for bail and learned Judge granted interim bail to the petitioner on condition that the interim bail of the petitioner will be confirmed on payment of outstanding NPA to be ascertained on DRT proceeding.
Issues for consideration
3 issues framed by the court
Whether a condition for confirming interim bail requiring payment of outstanding Non-Performing Asset is legal and sustainable.
Whether imposing a condition to pay NPA as a prerequisite for bail confirmation violates the principle of presumption of innocence.
Whether the trial court's conditions for confirming interim bail straddle the independence of trial and frustration of bail principles.
Parties & counsel
- petitioner
Ganpatlal Agarwala
- petitioner
Sangita Agarwala
- respondent
CBI
Coram
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · June
- Registered
- Case no.
- CRR/1949/2019
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