Judgment Intelligence
Bail GrantedSandip Ghosh v. Central Bureau of Investigation
Criminal Appeal arising out of SLP (Crl.) No. 16465 of 2026 (against the Calcutta High Court order of 23.02.2026 in CRM(M) No. 1228 of 2025)
- Court
- Supreme Court of India
- Date of Decision
- 15 October 2026
- Bench
- Justice M.M. Sundresh and Justice Prasanna B. Varale
- Relevant Acts & Sections
- Indian Penal Code, 1860 - Section 120-B read with Sections 409, 420, 468 and 471; Prevention of Corruption Act, 1988 - Sections 7 and 13(2) read with 13(1)(a)
Final Outcome
Appeal allowed: the High Court's order of 23.02.2026 set aside and the appellant granted bail on terms and conditions to be imposed by the trial court (paras 7-8).
Key holdings
- More than two years in custody, with only 7 of 147 witnesses examined (para 5).
- The period of incarceration and the stage of the trial justified bail (para 6).
- The High Court's order of 23.02.2026 set aside; bail on terms set by the trial court (para 7).
Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.
Brief Facts
The appellant is charge-sheeted in Special Case No. 1 of 2025, arising from a case registered on 24.08.2024 by the CBI's Anti-Corruption Branch, Kolkata, for offences under Section 120-B read with Sections 409, 420, 468 and 471 IPC and Sections 7 and 13(2) read with 13(1)(a) of the Prevention of Corruption Act (para 2). The allegations concern financial irregularities in the college where he was Principal and the accommodation of undeserving candidates by manipulating merit scores (para 4). The Special CBI Court rejected his bail on 07.01.2025 and the Calcutta High Court on 23.02.2026 (para 2).
Court's Findings
Without discussing the merits of the allegations, the Court noted that the appellant had been in custody for more than two years and that only 7 of the 147 witnesses had been examined so far (para 5). Considering the period of incarceration and the stage of the trial, it set aside the High Court's order refusing bail and allowed the appeal (para 6). Bail is on the terms and conditions the trial court imposes (para 7).
Legal Principle
Long pre-trial incarceration, together with a trial that has barely progressed, can justify bail even in a case under the IPC and the Prevention of Corruption Act: more than two years in custody with only 7 of 147 witnesses examined led to bail here (paras 5-6).