Case Summary
Surendra Kumar Garg a 70 year old senior citizen was arrested on a police complaint made by Ashoke Ghosh. Ashoke Ghosh being an employee of Sankar P. E. found a theft being committed by another individual namely Santosh Shaw, driver of a vehicle. Santosh Shaw was found stealing cable drums containing 253+256 meters of cable which were issued free of cost by New Town division WBSEDCL for Ghosh’s company. The cables were kept in a showroom in New Town and the theft reportedly occurred around 5.15 a.m. Ashoke Ghosh found Santosh Shaw stealing the cables and filed a report in the nearest Police station.
How did Mr. Surendra Kumar Garg get involved?
Mr. Surendra Garg was taken into custody on suspicion that the stolen cables were kept in his godown, which was far from the truth. In reality, Mr. Surendra Kumar Garg was given the Power of Attorney by his brother Mr. Ashwani Kumar Garg to use the property that is a godown located at 147/1 Girish Gosh Road, Belur. Mr. Surendra Garg was authorized to transact, use the premises for rent or Lease. This was the godown where the stolen goods were supposedly being kept by Santosh Shaw who was the one accused of stealing.
Mr. Garg had signed an agreement with one Mr. Uttam Gupta to lease out the above mentioned godown to Mr. Gupta for 60 months from January 2019. The agreement clearly stated that Mr. Surendra Garg being the Lessor had leased out the property to Mr. Gupta, the Lessee in good faith and had trusted him of good conduct. The agreement clearly mentioned that the said godown should be used for business with proper Trade License.
The godown was raided on receiving the complaint but nothing substantial was found. Yet Mr. Surendra Garg was taken into custody by the Police and was not granted bail on the first hearing.
Learned Counsel Rajesh Kshetry took it upon himself to bring justice to Mr. Garg as he was an elderly law abiding citizen and was unaware of the situation. Mr. Surendra Garg has several severe medical issues including hypertension due to which he suffered a brain stroke which led to glyosis, furthermore he is aging and has pancreatic and liver issues. He was oblivious to how his godown was being used for illegal activities and this case brought about huge mental and physical stress for him which further made his health deteriorate. His plea for bail was rejected on 26/06/2022 and Mr. Garg was kept in custody till 08/07/2022.
His unfair detainment and suffering bothered the kind hearted Mr. Rajesh Kshetry to a great extent and he persistently applied for Mr. Garg’s bail in court. Finally Advocate Rajesh Kshetry achieved to get bail for Mr. Garg providing the ailing old man with much needed relief from mental and physical distress.