2024 (8) TMI 649 - SCH - Money Laundering

Seeking enlargement on bail - leakage of the question paper and use of unfair means in the Rajasthan Eligibility Examination for Teachers (REET), 2021 - receiving bribe - scheduled offence - HELD THAT - On a perusal of the complaint filed by the ED, it is revealed that the schedules offences alleged against the petitioner includes two FIRs, namely, FIR No.402/2021 and FIR No.298/2021. The first FIR which was registered under Sections 420, 120-B IPC and under Section 4/6 of Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 pertains to the leakage of the REET question paper. The second FIR was registered under Sections 302, 365 and 120B IPC and Section 3(2)(v) of the Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act, 1989 at PS Balaghat, District Karauli. Thereafter, an investigation was initiated by the ED under the provisions of the Prevention of Money Laundering Act, 2002 to trace out the process of crime and ascertain the role of suspected persons in the above-mentioned offences. The only scheduled offence against the petitioner is the one under Section 420 IPC, which is in relation to the leakage of REET question paper, and in which the petitioner has already been enlarged on regular bail by this Court. Adverting to the prayer for grant of bail in the instant case, it is pointed out by learned counsel for ED that the complaint case is at the stage of framing of charges and 24 witnesses are proposed to be examined. The conclusion of proceedings, thus, will take some reasonable time. The petitioner has already been in custody for more than a year - Taking into consideration the period spent in custody and there being no likelihood of conclusion of trial within a short span, coupled with the fact that the petitioner is already on bail in the predicate offence, and keeping in view the peculiar facts and circumstances of this case, it seems that the rigours of Section 45 of the Act can be suitably relaxed to afford conditional liberty to the petitioner. The petitioner is, accordingly, directed to be enlarged on bail subject to such terms and conditions as may be imposed by the learned Special Judge - SLP disposed off.

Summary

Issues:
1. Bail application for the petitioner in a case involving leakage of question paper for a teacher eligibility exam and alleged bribery.
2. Consideration of multiple FIRs and charges against the petitioner by the Enforcement Directorate.
3. Duration of petitioner's custody and the need for conditional liberty.
4. Imposition of specific terms and conditions for granting bail to the petitioner.

Analysis:
The Supreme Court heard a bail application by the petitioner in a case related to the leakage of a teacher eligibility exam question paper and alleged bribery. The petitioner, an accused in FIR No.402/2021, was involved in leaking the question paper for the Rajasthan Eligibility Examination for Teachers. The petitioner, a school manager, had access to the question paper and allegedly leaked it to others for a bribe. The Enforcement Directorate (ED) arrested the petitioner, who had been released on bail earlier but was arrested again by the ED. The ED's complaint included multiple offenses, but the petitioner was not found involved in one of the FIRs. The only offense against the petitioner was related to the question paper leakage, for which he was already on bail. The ED highlighted the ongoing trial and proposed witnesses, indicating a prolonged legal process. Considering the time spent in custody, the court decided to grant conditional bail to the petitioner, relaxing the strict provisions of the Prevention of Money Laundering Act. The court directed the petitioner to comply with various conditions, including surrendering the passport, refraining from contacting witnesses, and providing details of assets. The petitioner was also instructed to attend court hearings regularly, with consequences for non-compliance. The court granted bail to the petitioner, leaving the imposition of specific terms to the Special Judge, without expressing any opinion on the case's merits. The Special Leave Petition and related applications were disposed of accordingly.