Ashok Kumar Todi Vs.
C.B.I.  INSC 71 (16 January 2009)
JURISDICTION CRIMINAL APPEAL NO. 81/2009 (@ Special Leave to Appeal (Crl.) No.
9428/2008) ASHOK KUMAR TODI APPELLANT VESUS WITH CRIMINAL APPEAL NO. 82/2009 (@
Special Leave to Appeal (Crl.) No. 85/2009) Leave granted.
The appellants are
accused Nos. 1 & 2 in a case registered by CBI. The appellant in Special
Leave Petition (Crl.) No. 9428/2009 is the father of Ms. Priyanka Todi. It is
alleged that the deceased Rizwanur Rahman had married Priyanka. The father of
Priyanka did not like the alliance and he wanted to dissuade Rizwanur Rahman to
keep away from the alliance. After some time the dead body of Rizwanur Rahman
was found in the railway track. According to prosecution, he committed suicide.
These appellants are
arrayed as accused alleging that they had abetted the commission of suicide.
Thereby a charge is filed under Sections 306 and 506 of IPC.
There is also
allegations of conspiracy between the accused and a charge under Section 102B
is also incorporated. First accused (A-1) was taken into custody on 1- 12-2008
and A-2 was taken into custody on 8-12-2008. A final report in this case was
filed on 22nd September, 2008. These appellants moved for bail and the matter
came up before the Division Bench of the High Court of Calcutta. The High Court
refused to grant the bail and that order is challenged before this Court. We
have heard Learned counsel appearing for the appellants and also the Additional
Solicitor General appearing for the CBI.
-2- The Learned
Counsel for the appellants pointed out that the trial of these cases has
already been stayed as one of these appellants had challenged the very
registrations of the case by the CBI. That matter is pending consideration
before the High Court of Calcutta, therefore, it is alleged that the trial is
likely to be delayed and the appellants have to be in jail for a long period.
The appellants' counsel also stated that the final report has already been
filed and the accused need not be detained in jail further.
Solicitor General strongly opposed the bail applications and also explained the
involvement of the accused in this case. Learned Counsel also pointed out that
these accused, being highly influential persons, are likely to tamper with the
evidence and may dissuade the witnesses from giving proper evidence in court.
Having regard to the
nature of charge and also to the fact that the matter has already been stayed,
we feel that the accused be released on bail on some stringent conditions.
The appellants are
directed to be released on bail on executing bond for a sum of Rs. 1,00,000/-
each to the satisfaction of the City Sessions Court, Calcutta with two solvent
sureties for the like amount. The appellants shall surrender their passports if
not already surrendered, to the police within ten days.
The appellants shall
not communicate with any of the witnesses and shall not make any attempt to win
over them. If any such allegation is there, the CBI would be at liberty to seek
cancellation of the bail. The appellants shall not change their present
permanent residence without notice to ...3/-...
-3- the SP, CBI,
Calcutta. If the appellants want to vary any condition they would be at liberty
to approach the High Court.
The criminal appeals
are disposed of.