TaxTMI 
TaxTMI 
2023 (11) TMI 1316
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.... teaching and non-teaching staff were made to different schools in the State of West Bengal. During the hearing of a writ petition being WPA 12270 of 2021 (Sabina Yeasmin & Ors. vs. The State of West Bengal & Ors.). Learned Single Judge directed investigation by Central Bureau of Investigation into irregular appointment of candidates to the post of Clerk through 3rd RLST (NT), 2016 examination which came to be confirmed by a Division Bench of this court in MAT 199 of 2022, CBI registered the present case against the petitioner and others. 2. Crux of the allegation is that petitioner and others had entered into a conspiracy to issue illegal recommendation/appointment letters to unsuccessful candidates to fill up vacancies in Group 'C' post....
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....ase so far as the petitioner is concerned is complete. In Special Leave Petition (Civil) Nos. 4078-4079/2023, the Hon'ble Apex Court has directed the investigation to be completed within two months. No sanction has been granted for prosecution under the Prevention of Corruption Act. There is little possibility of trial commencing in the near future. Petitioner is a super-annuated septuagenarian. He had suffered cardiac arrest in 2020 and is suffering from various old age ailments. There is no possibility of his abscondence or evading the process of law. Accordingly, he prays for bail. 5. Learned Advocate for the CBI strongly opposes the prayer for bail and submits petitioner is one of the prime conspirators in a deep rooted conspirac....
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....an affront to the principles of presumption of innocence which is a part of the fasiculi fair trial rights under Article 21 of the Constitution of India. While examining the prayer for bail of the petitioner this court has borne in mind the well entrenched and hallowed principle of liberty of an individual. 8. At the same time, while considering the issue of 'bail or jail' the Court requires to balance the cry of liberty of an undertrial against other equally weighty issues i.e. nature and gravity of offence, requirement of incarceration for the purpose of investigation, nature and impact of his release on the progress of trial etc. Tripod test:- 9. In this backdrop this Court has applied the tripod test to the facts to determine whet....
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....n this backdrop it is highly improbable that release of the petitioner on bail would in any way interfere with the progress of investigation and/or intimidate witnesses. 13. It may also be relevant to note that in the opposition filed on behalf of the CBI, apart from stressing on the nature and gravity of the offence, there is no whisper that the petitioner would intimidate witnesses or tamper with evidence. 14. In light of the tripod test, we are of the view the petitioner is entitled to be released on bail. Nature and gravity of the offences:- 15. There is another side to the issue too. Mr. Maiti has vehemently argued the role of the petitioner in the crime involving large scale corruption in high offices. Petitioner was the Presi....
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....er hurdle in the matter. No sanction has been obtained from the appropriate authority for commencement of prosecution. In fact cognizance has not been taken on the charge sheet filed as yet. In view of the state at which the criminal proceeding is presently poised, we are of the opinion there is little possibility of its commencement even in the near future. Petitioner is an old person who is suffering from various ailments. He is in detention for more than one year and two months. 19. In this backdrop continued detention of the petitioner would not be in consonance to the principles of justice and fair procedure which is just, fair and reasonable on the touchstone of Article 21 of the Constitution of India. 20. For these reasons, we ar....