THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI 29.01.2025. C.R.M. (DB) 698 of 2024 26/tkm CRAN 1 of 2025 In Re:- An application for bail under Section 483 of BNSS 2023 in connection with Pundibari PS case no.800 of 2023 dated 17.11.2023 under sections 323/325/406/467/468/471/120B IPC and In the matter of : Tuhin Adhikary & Ors. … petitioners Mr. Partha Pratim Sarkar …for the Petitioners Mr. Abhijit Sarkar Mr. Tapam Bhattacharjee …for the State 1. Explanation is placed on record. 2. We are not satisfied with the explanation. Investigation report shows that the ADSR had in breach of relevant rules extended unfair advantage to the petitioners and other accused by permitting registration of a deed executed by a dead person. 3. In light of the nature of accusation it cannot be said that the subject matter of investigation relates to any “recommendation or policy decision” by a public servant which would require sanction under 17A of the Prevention of Corruption Act. Investigating agency misdirected itself in seeking such sanction. No such sanction is necessary and investigation including custodial interrogation of public servant, if any, may proceed as per law. These legal issues were neither argued nor addressed before the co-ordinate Bench which granted bail to co-accused. 2 4. At this stage, petitioners seek to withdraw the bail application. 5. Accordingly application is dismissed as withdrawn. 6. Investigating agency shall forthwith proceed with the investigation of the case without reference to section 17A of the Prevention of Corruption Act. (Gaurang Kanth,J.) (Joymalya Bagchi, J.)