However, the bench noted that the Central Bureau of Investigation (CBI) has not yet obtained the mandatory prior sanction from the appropriate authority to prosecute the former WBBSE President.
Despite two charge sheets being filed, the concerned court is also yet to take cognizance of the case, the High Court found.
As such, the Court opined that Ganguly should be released on bail, more so considering that his old age, the fact that he has retired, was in frail health and unlikely to “misuse” his official powers.
“We note the fact that the petitioner is a superannuated individual. He is a septuagenarian and is suffering from frail health. He has strong roots in society. During investigation he responded to the summons issued by the Investigating Agency and was interrogated till the agency considered his custodial interrogation imperative for progress of investigation. These facts lead to the irresistible conclusion that there is no chance of abscondence or evasion of the process of law by the petitioner,” the Court said.
Source: Barandbench
