The Calcutta High Court has directed the State CID to investigate an unusual case in which the bail application for an accused was submitted without his awareness.

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

The bench was addressing a bail application under Section 439 of the Code of Criminal Procedure, which corresponds to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Previously, the court had ordered the presence of the individual who affirmed the bail petition, along with the accused's daughter, to examine the matter further.

During the current hearing, after being informed that the accused was unaware of the bail application being filed, the Court rejected the request and instructed the CID to investigate the matter. Additionally, the Court directed the CID to determine how the vakalatnama submitted on behalf of the petitioner was obtained 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.