Calcutta High Court Grants Bail To Suspended TMC Leader Kuntal Ghosh In Recruitment Scam Case

The Calcutta High Court has granted bail to suspended Trinamool Congress youth leader Kuntal Ghosh in the cash-for-jobs recruitment scam case being investigated by the CBI and ED.

While Justice Suvra Ghosh granted bail to the accused subject to a bond of Rs 10 lakhs, he will remain in custody in another case being investigated by the CBI.

The petitioner stated that he was in custody for about twenty-two months upon being implicated on the basis of the statement of co-accused Tapas Kumar Mondal. Six complaints were filed by the Enforcement Directorate (hereinafter referred to as the E.D.) in this case and the petitioner was named for the first time in the third complaint.

It was stated that further investigation is still in progress and there is no chance of disposal of the case in near future. There are three hundred witnesses who need to be examined to prove the case and thousands of pages of documents to be proved. The petitioner was lastly interrogated in judicial custody one year and eight months ago and not any further till date. 

It was also stated that other accused who were higher up in the chain of command had been enlarged on bail.

Opposing the prayer for bail, counsel for the ED stated that the petitioner was not at par with other accused since he had not been detained for as long as them. It was also submitted that the petitioner had played an active role in various recruitment scams, amassing more than 100 crores in proceeds.

In granting bail, the Court relied on various Supreme Court judgements emphasising the importance of 'bail jurisprudence' including the case of Manish Sisodia, and held: 

The case involves several thousands of pages of documents and about three hundred witnesses to be examined. Chance of trial being concluded in near future is bleak. Since investigation qua the petitioner is complete and the documentary evidence on which the case rests is in custody of the E.D, there is no scope for the petitioner to tamper with the evidence. The petitioner is little short of completing one-third of the maximum period of imprisonment as laid down under section 479 of the 2023 Act.

Case: Kuntal Ghosh v/s. Enforcement Directorate Kolkata Zonal Office-II

Case No: CRM (SB) 145/2024

Citation: 2024 LiveLaw (Cal) 253

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