Supreme Court Grants Bail To Suspended Trinamool Congress Leader Kuntal Ghosh In CBI Case Over Cash-for-Jobs Scam

The Supreme Court on Friday (November 29) granted bail to suspended Trinamool Congress youth leader Kuntal Ghosh in the cash-for-jobs recruitment scam case registered by CBI.

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan granted the relief considering the unlikelihood of the trial completing soon. Although a chargesheet was filed in January 2024, the Special Court did not take cognisance as no documents were appended to it. Also, the CBI is proposing to file supplementary chargesheets.

While acknowledging that the investigation in the case might take some time given the nature of the allegations and the nature of evidence to be collected, the Court said that the continued incarceration of the petitioner might not be justifiable.

"It is too early to foresee the conclusion of the trial in near future...The detention of petition in custody for an indefinite period will not be in conformity with well-settled principles of criminal jurisprudence," the bench observed in the order.

Conditions for bail

The petitioner was directed to be released on bail subject to the terms and conditions imposed by the trial court. In addition, the Supreme Court directed that he should deposit his passport with the investigating agency and should not leave the State of West Bengal without the prior permission of the trial court/investigating agency.

He shall share his mobile number with the investigating agency and to the trial court. 

The CBI's counsel requested that the Court should impose a condition that he should not hold any political office during the pendency of the proceedings. The bench said that it cannot pass such a direction. But the bench directed that he should not hold any public office while the case remained pending. The Court also clarified that the conditions for bail imposed by the High Court in the connected case registered by the Enforcement Directorate will also apply in this case.

Arguments

The counsel for Ghosh submitted that he has been granted bail in the connected PMLA matter by the Calcutta High Court and sought relief by saying that there was no likelihood of trial commencing in the near future. The petitioner has been under custody for over 19 months(since the arrest on February 20, 2023) and the three co-accused have got bail, the counsel stated.

Additional Solicitor General, appearing for the CBI, opposed the plea arguing that Ghosh was a part of a widespread scam and had created a fake website resembling the original website of the West Bengal Board of Primary Education. Bribes to the tune of nearly Rs.4 crores were collected from undeserving candidates to recruit them. He stressed that Ghosh was an influential person belonging to the party ruling the State of West Bengal and his release would result in the intimidation of the witnesses. The ASG added that the investigation is not yet over as the CBI is proposing to file supplementary chargesheets.

Flagging the delay in the commencement of the trial, Justice Kant said, "Last time you said you propose to examine 183 witnesses. Your investigation is not complete. We don't want to impede your investigation, but the fact remains that process is taking further time."

Ghosh is accused of offences relating to cheating and forgery under the Indian Penal Code, and also offences under the Prevention of Corruption Act.

After his arrest, the TMC suspended him in March 2023.

Case :  KUNTAL GHOSH Vs CENTRAL BUREAU OF INVESTIGATION | SLP(Crl) No. 13352/2024

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