IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 81/2009 (@ Special Leave to Appeal (Crl.) No. 9428/2008)

ASHOK KUMAR TODI APPELLANT

VESUS

C.B.I RESPONDENT

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/...

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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.

The  Additional  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/-...

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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.

     .............CJI     (K.G. BALAKRISHNAN)

     ...............J.

      (P. SATHASIVAM)

New Delhi 16th January , 2009