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High Court Allows Kuldeep Rai Sharma to Renew Bail Plea if ED Misses 45-Day Deadline

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Sri Vijaya Puram, Sept. 28: The Calcutta High Court’s Circuit Bench at Port Blair has allowed former MP Kuldeep Rai Sharma to renew his bail plea if the Enforcement Directorate (ED) does not file its proposed supplementary prosecution complaint within 45 days from September 22, 2026.

The direction came while the Court disposed of Sharma’s present bail application on September 22. The Bench, comprising Justice Suvra Ghosh, recorded an affidavit filed by the ED stating that the supplementary prosecution complaint was likely to be filed within 45 days from the date of the affidavit.

The Court, however, did not consider the merits of the case while disposing of the application. It also made it clear that the medical grounds raised by Sharma were not examined at this stage.

The Bench observed that the present application was not maintainable in view of an undertaking given earlier on behalf of the petitioner and dismissed the application. At the same time, it protected Sharma’s right to seek bail again if the ED fails to meet the 45-day timeline.

According to the order, if the supplementary prosecution complaint is not submitted within the stipulated period, Sharma can renew his prayer for bail on both merits and medical grounds. The renewed application may be filed either before the High Court or before the trial court.

The Court also addressed Sharma’s medical concerns separately. It directed that if his health deteriorates during the intervening period, he would be at liberty to approach the trial court for necessary directions regarding medical treatment.

The order records that the ED affidavit was taken on record and that the agency had indicated its intention to file the supplementary complaint within the specified period.

The proceedings relate to CRA(SB) No. 4 of 2026. Sharma was represented by Senior Advocate Sandipan Ganguly and Advocates Md. Tabraiz, Arkadeb Bhattacharya, Sanjana Basu and Parashar Baidya. Senior Advocate Zoheb Hossain and Advocates Adil Rashid and Pranjal Tripathi appeared for the Enforcement Directorate.

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The Court also directed that an urgent certified website copy of the order be supplied to the parties, subject to completion of the required formalities.

The order does not amount to a decision on the merits of the case, nor does it grant bail to Sharma. The immediate significance of the order is that a fresh bail plea remains open if the ED does not file the supplementary prosecution complaint within the period indicated before the Court.

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