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SC Relaxes s.45 PMLA Conditions, Grants Bail to Ramkripal Meena in REET Paper Leak Case

The Hon’ble Supreme Court on 30/07/2024 granted bail to Ramkripal Meena, accused of leaking and distributing the question papers of the Rajasthan Eligibility Examination for Teachers (REET), 2021, in exchange for Rs. 1.20 crores. The relief was provided in a case registered under the Prevention of Money Laundering Act (PMLA).

A bench of Justices Surya Kant and Ujjal Bhuyan observed that Meena had been in custody for over a year and noted that the only predicate offence against him was Section 420 of the Indian Penal Code (IPC). Given that Meena had already been granted bail for this predicate offence and considering the lengthy process of examining 24 witnesses by the Enforcement Directorate (ED), the Court decided to relax the rigors of Section 45 of PMLA.

"Adverting to the prayer for grant of bail, it is pointed out by ED that the complaint is at the stage of framing of charges...24 witnesses are proposed to be examined...the conclusion will thus take some reasonable time. The petitioner has been in custody for more than a year. 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, it seems to us that rigors of Section 45 can be relaxed in peculiar facts and circumstances...." the Court stated.

Meena’s bail is subject to conditions imposed by the Sessions Court. His passport will remain with the Special Court, he must provide a list of his immovable assets, which the ED can attach, and his bank account will remain seized.

During the hearing, Advocate K Parmeswar highlighted that Meena had been granted regular bail by the Supreme Court previously but was rearrested by the ED. He contended that no offence under Section 420 IPC was made out against Meena, as it requires non-fulfillment of a falsely made promise. Instead, he argued, Meena sold the question papers to certain candidates who subsequently succeeded in the examination.

Justice Kant countered this argument, stating that Section 420 IPC does not require a bargain, and noted that the ED was aiming to send Meena to a correctional home rather than jail.

Background details reveal that Meena, along with accomplice Pradeep Kumar, accessed the strong room storing the REET 2021 papers and sold them for Rs. 1.20 crores. An amount of Rs. 1.06 crores was recovered during the investigation from eight individuals associated with Meena.

After multiple rejections of his bail plea by the Sessions Court and the Rajasthan High Court, Meena finally found relief at the Supreme Court. 

Case Details: Ramkripal Meena v. Directorate of Enforcement, SLP (Crl) No. 3205/2024.

By Sonam Pandey, Law Intern

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Asmi Desai

Advocate, High Court

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