PMLA CASE: SC GRANTS BAIL TO MONEY LAUNDERING ACCUSED CONSIDERING AGE AND CUSTODY PERIOD

The Supreme Court in the case Ramkripal Meena Versus Directorate of Enforcement observed and has granted bail to Ramkripal Meena, who is being accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021, REET for a payment for an amount of Rs.1.20 crores.

In the present case, the case was registered under the Prevention of Money Laundering Act, PMLA in relation to the paper leak. The court granted relief.

The bench comprising of Justice Surya Kant and Justice Ujjal Bhuyan in the case was hearing Meena’s challenge to the order of Rajasthan High Court wherein the court denied bail, when the court noted that he had spent over a year in custody and the only predicate offence against him was Section 420 of the Indian Penal Code, IPC.

The court observed that he he had already been granted bail in the predicate offence and that the Enforcement Directorate’s, ED examination of witnesses, 24 in number would take time.

The court stated that the rigors of Section 45 of Prevention of Money Laundering Act, PMLA could be relaxed.

The court stated that, ‘The prayer for grant of bail, it is pointed out by Enforcement Directorate, ED that the complaint is at the stage of framing of charges...24 witnesses are proposed to be examined... thus, the conclusion will take some reasonable time. The petitioner has been in custody for more than a year. While taking into consideration the period spent by the petitioner in custody and there is no likelihood of a conclusion of trial within a short span, apart from the fact that the petitioner is already on bail in the predicate offence, thus, it seems to us that rigours of Section 45 can be relaxed while considering the facts and circumstances.