Kolkata: The Calcutta High Court has granted bail to Saradha Group chairman Sudipta Sen, holding that his 13-year incarceration without trial had become “punitive” and violated his right to a speedy trial.
A Division Bench of Justice Uday Kumar and Justice Rajarshi Bharadwaj found that proceedings in two Barasat police cases had virtually collapsed due to glaring administrative failures. In one case, mandatory documents required to start trial were not supplied to the accused for over a decade. In the other, the original case records were missing, bringing the trial to a complete standstill.
The court termed this a “systemic collapse of the trial machinery” and criticised the state’s explanation as “entirely unsatisfactory”, also noting the trial court’s failure to ensure progress. It flagged a “shocking lack of care” in preserving records in a case of such public importance.
Taking note that Sen has already secured bail in 387 of 389 cases — including all those probed by the CBI — the Bench said denying bail now would amount to endorsing an “indefinite life sentence without conviction”. It also observed that his custody of about 13 years is nearly double the maximum sentence for the offences alleged, tipping the balance in favour of liberty.
The court considered his age, multiple co-morbidities and recent brain stroke, and noted that even the state and the CBI acknowledged that the trial was “remote and bleak” with little chance of early conclusion. Granting bail, the court imposed stringent conditions: surrender of passport, restriction on leaving West Bengal, monthly reporting to police, continuous mobile tracking with live location, disclosure of residence, and a complete bar on
involvement in any financial schemes or deposit-taking activities. He has also been barred from contacting witnesses and must attend all trial proceedings while cooperating in the reconstruction of records.
The court directed immediate reconstruction of missing records within four weeks, with a status report to be filed, and ordered that pending documents be supplied within a strict timeline. Once procedural lapses are cured, the trial must proceed day-to-day without unnecessary adjournments.