Inducement to Pay Wrongful Gratification for Illegal Appointments: Calcutta HC rejects Bail Application of Kuntal Ghosh [Read Order]

The Calcutta High Court rejected the bail application of Kuntal Ghosh in the matter regarding the inducement to pay wrongful gratification for illegal appointments.

The Petitioner is a prominent youth leader of the political party which presently rules the State. A deep-rooted conspiracy concerning illegal appointments of teachers in primary schools. Noticing that the conspiracy was hatched by public servants in responsible positions of State administration including the Primary Education Board, the Single Judge directed Central Bureau of Investigation to conduct investigation.

The petitioner was one of the nodal persons who built a network throughout the state for collecting illegal gratification from undeserving candidates to procure illegal appointments. He was aided and abetted by his henchmen which included one Tapas Kr. Mondal and other subagents who collected over Rs.8 crores from a large number of candidates.

The counsel for the petitioner strenuously argued that his client is in custody for more than a year. Initially, police report filed by CBI did not incorporate offences under the Prevention of Corruption Act. Suo Moto action on behalf of the Court in this regard is unwarranted. The petitioner was subjected to custodial threat and coercion. It was also contended further investigation is in progress and there is no possibility of trial commencing in the near future and that he may be released on bail.

The Deputy Solicitor General vehemently opposed the bail prayer and that the petitioner is a prominent leader of a political party. He has overwhelming influence in the State including the police administration. The petitioner engineered a false complaint against the investigators and a first information report was registered which has been stayed by this Court and that the investigation has revealed the principal role played by the petitioner in collecting illegal gratification from underserving candidates to procure illegal appointments. The conspiracy hatched by the petitioner has daring dimensions.

Rejecting the bail application, a Division Bench of Justices Gaurang Kanth and Joymalya Bagchi observed that “In the present case, further detention is necessary to insulate the process of further investigation with regard to the nexus of the petitioner with the office bearers of the Board. It is also necessary to trace out the proceeds of crime which were rooted through the petitioner to other influential persons. Though it is argued petitioner has been striped off his official role in the political party, he continues to have overwhelming influence and his release on bail shall overawe various candidates and other individuals who are vital witnesses to prove the involvement of the petitioner in procuring illegal appointments. It is also relevant to note petitioner has been implicated in offences under PMLA and complaint has been filed against him.”

To Read the full text of the Order CLICK HERE

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates