Calcutta High Court Grants Bail To Alleged School Recruitment Scam Middleman After 1.5 Years In Custody

The Calcutta High Court has recently granted bail to alleged middleman Prasanna Kumar Roy in a money laundering case linked to the West Bengal school recruitment scam. The court held that his custody of about one-and-a-half years, coupled with delays in the proceedings, justified his release despite the stringent bail conditions under the Prevention of Money Laundering Act (PMLA).

Justice Jay Sengupta observed that prolonged incarceration without trial could, in appropriate cases, outweigh the rigours of the PMLA's bail provisions.

“Although, the Enforcement Directorate could have taken the petitioner in custody soon after commencement of investigation of the predicate offences' case, they waited for a long time in taking him into custody in the PML Act case, resulting in undue additional period of incarceration in this case.”it noted.

The case arises from investigations into alleged irregularities in appointments made by the West Bengal Central School Service Commission for teaching and non-teaching posts in government schools.

According to the Enforcement Directorate (ED), Roy acted as a key intermediary in the recruitment scam. The agency alleged that he collected money from candidates seeking government jobs through a network of agents operating across West Bengal. It estimated the proceeds of crime at about Rs 647 crore.

Roy sought bail after spending about one year and six months in custody in the money laundering case. He also pointed out that he had already secured bail in the predicate offences investigated by the Central Bureau of Investigation.

The ED opposed the plea, describing Roy as the “main middleman” in the alleged scam. It contended that he had played a central role in facilitating illegal appointments and laundering the proceeds generated from them.

While considering the plea, the court noted the gravity of the allegations. It observed that the case involved the alleged collection of huge sums of money from job seekers in exchange for government employment. The court also noted that several appointments had been cancelled and deserving candidates had been deprived of opportunities.

At the same time, the court held that Roy could not satisfy the twin conditions for bail under the PMLA on merits. It observed that it was not in a position to conclude either that he was not guilty of the offence or that he was unlikely to commit offences while on bail.

However, the court took into account that Roy had already obtained bail in the predicate offences after substantial periods of custody. It also noted that the maximum sentence in the present case was seven years and that he had remained in custody for about one year and six months.

After weighing the aggravating and mitigating circumstances, the court granted bail to Roy.

He was directed to furnish a bond of Rs 1 lakh and comply with other conditions as well.

For Petitioner: Advocates Sabir Ahmed, Mr. Avik Ghatak, Mr. Saibal Kr. Dasgupta

For ED: Advocates Arijit Chakraborty, Swati Kumari Singh