Calcutta High Court Orders CID Probe Into Bail Plea Filed Without Knowledge Of Accused

The Calcutta High Court has ordered a probe by the State CID into a peculiar case, where the bail plea of an accused was filed without his knowledge.

A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held: "Sk. Jiyaul is present in Court today. He is the person who has affirmed the affidavit in support of the bail petition. He cannot explain as to how without instruction from the petitioner he has caused this bail petition to be filed. We referred to a document described as “prisoner's petition” in our order dated September 18, 2024. Let that document be retained with the records. It would appear from that document that the petitioner says that he is not aware of any bail petition having been filed on his behalf."

"It is, therefore, clear that there is something funny going on." the Bench added.

The bench was dealing with an application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

On an earlier date, the court had directed the appearance of the person who affirmed the bail petition, as well as the daughter of the accused to be present in court in order to examine the issue.

At the present hearing, upon being told that the accused had no knowledge of the bail plea being filed, the Court rejected the application and directed the CID to investigate the issue. The Court also directed the CID to ascertain how the vakalatnama filed on behalf of the petitioner had been procured from the correctional home.

"The Criminal Investigation Department, West Bengal, is directed to cause an enquiry into the matter and file a report before the learned Registrar General within one week after reopening of Court after Puja Vacation (November 11, 2024). The learned Registrar General shall place the report before us. The C.I.D. should also ascertain as to how the Vakalatnama filed on behalf of the present petitioner has been procured from the correctional home in question," it concluded.

Case: In the matter of: Jahed Mahammad

Case No: CRM (DB) 2856 of 2024

Click here to read order