The case pertains to allegations of corruption, fraud, and money laundering against Partha Chatterjee, a former West Bengal minister. The accused was implicated in scams related to teacher recruitment and alleged misuse of public office for personal gain, leading to the seizure of substantial cash, gold, and other assets. The Supreme Court granted bail under strict conditions, emphasizing the balance between prolonged incarceration and fair trial rights.

1. Background and Appellant's Role (Para 2)

• The Appellant, a West Bengal MLA and former Minister, held the position of State Education Minister (2016–2022).
• Recruitment scams for teachers and staff occurred during his tenure.

2. Origin of Investigation (Para 3-5)

• Writ petitions were filed in the Calcutta High Court challenging the recruitment process.
• The High Court directed a CBI probe, leading to FIR registration under the PC Act and IPC.
• The ED initiated a money laundering case based on the predicate FIR filed by the CBI.

3. Allegations and Findings (Para 6-8)

• Raids revealed substantial cash (Rs. 49.8 crores), gold (Rs. 5.07 crores), and documents related to illegal appointments.
• Dummy companies were allegedly created by the Appellant for laundering proceeds of crime.

4. Appellant's Custody and Bail Rejections (Para 8-10)

• Arrested on 23.07.2022 under Section 19 of the PMLA, the Appellant remained in judicial custody since 05.08.2022.
• Bail applications were rejected by the Trial Court and High Court.

5. Appellant's Arguments for Bail (Para 11)
Key grounds raised:

• Prolonged incarceration of over two years.
• No direct evidence linking the Appellant to cash seizures.
• Age (72 years) and health conditions.
• Bail parity with co-accused already released.

6. Respondent's Opposition (Para 12)
The ED opposed bail citing:

• Multiple cases against the Appellant.
• Threat to witnesses and high societal impact of the alleged offenses.
• Seized assets valued at Rs. 151.2 crores, categorized as "proceeds of crime."

7. Supreme Court's Observations and Balancing Factors (Para 13-17)

• Highlighted the principle of avoiding prolonged undertrial detention.
• Emphasized the importance of protecting witnesses and ensuring a fair trial.
• Noted that the Appellant’s official position neither favors nor discriminates against him in bail considerations.

8. Directions Issued (Para 18)
The Court granted bail effective 01.02.2025, subject to:

• Completion of the charge framing process and material witness examination.
• Strict compliance with bail conditions, including no tampering with evidence or influencing witnesses.

9. Applicability Limited to ED Case (Para 19)
The bail grant applies only to the ED Case (ECIR No. KLZO-11/19/2022) and not to other pending investigations.

Acts and Sections Discussed:

1. Prevention of Money Laundering Act, 2002 (PMLA): Sections 4, 19, 44, 45, 50
2. Prevention of Corruption Act, 1988 (PC Act): Sections 7, 7A, 8
3. Indian Penal Code, 1860 (IPC): Sections 120B, 420, 467, 468, 471, 34
4. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 479

Ratio Decidendi:

1. Prolonged incarceration violates the fundamental right to life and liberty under Article 21 of the Constitution.
2. Bail must balance individual liberty with societal interests and the gravity of allegations.
3. The Appellant's official position is irrelevant in judicial determinations regarding bail.
4. Witness protection and non-interference in the trial are paramount to granting bail.

Subjects:

Criminal Appeal, Bail, Money Laundering, Recruitment Scam

#CriminalLaw #MoneyLaundering #TeacherRecruitmentScam #PMLA #BNSS #BailGrant