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TMI Blog2024 (12) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... ucation, vide WPA No. 9979/2022, alleging corrupt practices in the recruitment process of Primary School Teachers. In the light of serious allegations having been made, the High Court on 08.06.2022 directed the Central Bureau of Investigation (CBI) to conduct a thorough investigation into the matter and also to register a case in this regard. 4. Consequently, the CBI registered FIR RC0102022A0006 (Predicate FIR) on 09.06.2022, under Sections 7, 7A and 8 of the Prevention of Corruption Act, 1988 (PC Act), as well as Sections 120B, 420, 467, 468, 471 and 34 of the Indian Penal Code, 1860 (IPC), against certain functionaries of the West Bengal Board of Primary Education, and one Ranjan@Chandan Mondal who was allegedly engaged in an unholy nexus with varied authorities, so as to facilitate appointments of primary school teachers in exchange for substantial sums of money. The said FIR was registered on the basis that the selection process of Assistant Teachers and Primary School Teachers had been conducted in a dubious manner, considering that the answer key for the TET was designed in a way that would deprive eligible candidates and, instead, facilitate back door entry to such ineligi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t up by the Appellant. 9. At this juncture, given that the Appellant is involved in various investigations, owing to the racket of illegal appointment of unmerited candidates to the posts of Primary School Teachers, Assistant Teachers for Class IX-X and Class XI-XII, Group C Posts and Group D Posts, it is useful to provide clarity and avoid any confusion regarding the current status of the different cases, through the following table : Sl. No. Investigating Authority Case Details Date of Arrest Current Status 1. ED ECIR/KLZO11/19/2022 (Primary Teachers Recruitment Scam) 23.07.2022 Appellant in judicial custody since 05.08.2022. Complaint filed. 2. ED ECIR/KLZO11/17/1022 (Group C and D Posts Recruitment Scam) - Under investigation. 3. ED ECIR/KLZO11/18/1022 (Assistant Teachers Recruitment Scam, Class IX-XII) - Under investigation. 4. CBI RC No. 6/2022 - Predicate offense (Primary teachers recruitment scam) 01.10.2024 Chargesheet and supplementary chargesheet filed. Further investigation underway. 5. CBI RC No. 2/2022 (Group D posts recruitment scam) - Charge sheeted in the second prosecution complaint. 6. CBI RC No. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiple cases are registered against him; (iii) the Appellant being in a high ranking position of a Minister and having indulged in an offence involving moral turpitude cannot seek parity with other co-accused who are much lower in rank and status than him; (iv) the close acquaintance of the Appellant and from whose residence huge amount of valuables were recovered has in her statement under Section 50 of the PMLA expressed apprehension of threat to life at the hands of the Appellant; and (v) the seizure and attachment, in this case, stands at a hefty Rs. 151.2 crores, which are the proceeds of crime generated out of criminal activities related to scheduled offences under the PMLA. 13. We have considered the rival submissions and carefully examined the material on record. At the outset, it is worth reiterating that this Court, through a catena of decisions, has consistently emphasized that prolonged incarceration of an accused awaiting trial unjustly deprives them of their right to personal liberty. Even statutory embargoes on the grant of bail must yield when weighed against the paramount importance of the right to life and liberty under Article 21 of the Constitution, particularly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 50 of the PMLA has not been addressed at this stage so that no prejudice is caused to parties. 17. We, however, cannot be oblivious to the settled principles that a suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention. The Court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial. 18. Striking a balance between these considerations and without expressing any opinion on the merits of the allegations, we deem it appropriate to dispose of this appeal with the following directions: a. Since the charge sheet in the ED Case (ECIR No. KLZO- 11/19/2022) has already been filed but charges are yet to be framed, we direct the Trial Court to decide on framing of charges before the commencement of the winter vacations and/or before 31.12.2024, whichever is earlier; b. The Trial Court shall thereafter fix a date within the second and third week of January 2025 for recording the statements of such prosecution witnesses who are the most materia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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