Calcutta High Court Grants Bail To 74-Yr-Old Ex-SSC Advisor In PMLA Case; Says Prolonged Custody Without Trial Offends Article 21

Granting relief to a 74-year-old former education administrator arrested in connection with the alleged West Bengal school recruitment scam, the Calcutta High Court has held that prolonged incarceration without commencement of trial cannot be justified merely because the case is registered under the stringent provisions of the Prevention of Money Laundering Act. Observing that constitutional guarantees of personal liberty under Article 21 remain paramount, the bench of Justice Jay Sengupta reiterated that “jail is an exception and bail is the rule,” and that extended pre-trial custody may, in appropriate cases, dilute the rigours of Section 45 of the PMLA.The Court was hearing the bail plea of Santi Prasad Sinha, a former advisor associated with the West Bengal Central School Service Commission, who was arrested by the Enforcement Directorate for allegedly laundering proceeds of crime generated from illegal appointments of assistant teachers. The prosecution alleged that large sums were collected in exchange for jobs and subsequently layered through bank accounts and properties, leading to substantial attachments. The agency opposed bail citing the gravity of the offence and the statutory bar under Section 45.However, the Court noted that the accused had already spent a considerable period in custody, suffered from age-related ailments including Parkinson's disease, and that the trial had not commenced due to delay in grant of sanction. It observed that the evidence was largely documentary in nature and that continued detention would amount to punitive incarceration without adjudication. While acknowledging the seriousness of the allegations, the Court held that indefinite custody could not substitute the process of trial, particularly when delays were attributable to the prosecution.Finding that further detention would be disproportionate, the Court granted bail with strict conditions, including surrender of passport, regular appearance before the investigating officer, and a direction not to influence witnesses. At the same time, it urged the authorities to expedite sanction and directed the trial court to proceed without delay, stressing that the criminal justice system must balance societal interest with the individual's fundamental right to liberty.Case No: CRM (R) 108 of 2025Case: Dr. Santi Prasad Sinha Vs Union of India & Anr.Click here to read order

Calcutta High Court Grants Bail To 74-Yr-Old Ex-SSC Advisor In PMLA Case; Says Prolonged Custody Without Trial Offends Article 21

Srinjoy Das

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