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Bail Under PMLA Section 45 Not Needed If No Arrest Made: Calcutta HC

Case Law Details

TaxGuru Citation
2025 taxguru.in 5421
Case Name
In Re Dr. Kalyanmoy Ganguly (Calcutta High Court)
Date of Judgement/Order
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In Re Dr. Kalyanmoy Ganguly (Calcutta High Court)

The Calcutta High Court has ordered the immediate release of Dr. Kalyanmoy Ganguly, former President of the West Bengal Board of Secondary Education, in a case registered under the Prevention of Money Laundering Act (PMLA). The court’s decision, delivered in CRM (R) 06 of 2025, set aside an earlier order by the learned Chief Judge, City Sessions Court, Calcutta, which had rejected Dr. Ganguly’s bail plea by applying the stringent conditions of Section 45 of the PMLA.

Dr. Kalyanmoy Ganguly, described as a septuagenarian suffering from various ailments, retired on June 24, 2022. He is an accused in multiple cases, including R.C. Nos. 2 to 5, and is currently on bail in the predicate offense (R.C. 5). The core allegation against him is his involvement in a conspiracy to issue recommendations and appointment letters to unsuccessful candidates for Group-C and D posts in state schools. He is accused of issuing such letters based on illegal recommendations from one Shanti Prasad Sinha and instructing his subordinate, Rajesh Layek, to carry out the appointments. The Enforcement Directorate (ED) alleges his active involvement in generating and acquiring proceeds of crime and projecting them as untainted property.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,778

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