Crm (Db)/3034/2023 Of Jiban Krishna Saha v. Asst Commissioner Of Income Tax , Central Circle And Anr

22.08.2023 24 sdasrejected C.R.M.(DB) No. 3034 of 2023 In Re:- An application for bail under Section 439 of the Code ofCriminal Procedure in connection with CBI, SPE, ACB, KolkataCase No. RC0101022A003 [RC-3 of 2022] under Sections120B/420 of the Indian Penal Code read with Section 7 of thePrevention of Corruption Act. And In Re : Jiban Krishna Saha ……petitioner Mr. Kishore Dutta, Sr. Adv.Ms. Minoti GomesMd. Hafiz AlilMr. Partha Sarathi DasMs. Shanta Sarkar …… for the petitionerMr. Kallol MondalMr. Amajit DeMr. Arijit Majumdar …… for the CBI 1.Liberty is granted to correct the cause title. 2.Learned senior Counsel for the petitioner submits he is aMember of Legislative Assembly. He is in custody for 126 days andinvestigation with regard to the role of the petitioner in the allegedscam relating to illegal appointment of teachers inGovernment/Government aided schools through School ServiceCommission is complete. It is also contended that he has beenfalsely implicated in the case. There is no possibility of hisabscondence. Hence, he may be released on bail. 3. Learned Counsel for the CBI opposes the prayer for bailand submits a court monitored investigation with regard to thecorrupt practices in the School Service Commission is in progress. Role of a number of political personalities including the petitionerhas transpired in the course of investigation. When the CBIofficers went to the residence of the petitioner in the course ofinvestigation, he tried to abscond and destroy evidence. He threwhis mobile phones in a pond. Subsequently phones were recoveredand on analysis incriminating conversation of the petitioner withone of the candidates from whom he had taken money to secureemployment had been extracted. Statements of other prospectivecandidates stating that they had paid money to the petitioner forprocuring employment has also been recorded. Furtherinvestigation with regard to the role of the petitioner is still inprogress. 4. We have considered the materials on record. Petitioneris a prominent political personality and a Member of LegislativeAssembly. Materials on record show he utilized his politicalconnections and induced aspiring candidates to pay money to himfor securing appointments as assistant teachers in Governmentand Government aided schools. Role of the petitioner hadtranspired in the course of the court monitored investigationregarding corrupt practices in the School Service Commission toprocure illegal appointments in Public employment. Statements ofaspiring candidates clearly show that the petitioner had takenmoney for the purpose of securing illegal appointments for thecandidates. These statements find corroboration from thetelephonic conversation between himself and one of the candidateswhich had been extracted from the mobile phone of the petitioner.In the course of investigation petitioner tried to abscond and destroy vital evidence. Further investigation is in progress. In viewof nature of crime which involves abuse of power by publicservants and corrupt practices to procure illegal employment asteachers in Government and Government aided schools. Primafacie evidence with regard to complicity of the petitioner in thecrime, his conduct not to co-operate with investigation and destroyevidence, we are not inclined to grant bail to him at this stage. 5. The application for bail is, thus, rejected. (Rai Chattopadhyay, J.) (Joymalya Bagchi, J.)