SC questions ED's conviction rate, grants bail in Chhattisgarh money laundering case

The Supreme Court granted interim bail to Saumya Chaurasia, a suspended civil servant from Chhattisgarh, in a money laundering case, considering her time in custody and the absence of formal charges. Chaurasia, previously Deputy Secretary to former Chief Minister Bhupesh Baghel, has been jailed for 1 year and 9 months over a coal scam-related case. Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan reviewed her appeal against the Chhattisgarh High Court's August 28, 2024, decision, which denied her third bail request. The Court granted interim relief with conditions, stating: "Without delving into merits, and to allow comprehensive hearings on the next date, we order the petitioner to be released on interim bail, subject to furnishing bail bonds to the trial court's satisfaction." The Court also directed that Chaurasia remains suspended until further orders.

The conditions imposed include: her presence at trial court hearings, non-interference with witnesses or evidence, surrendering her passport, and not leaving the country without court permission.

The Court noted factors such as her 1 year and 9 months in custody, co-accused receiving bail, unframed charges, and the High Court's observation on non-execution of warrants against some accused. Justice Bhuyan criticized the Enforcement Directorate (ED) for its low conviction rate and prolonged detentions without charges, questioning the justification for extended jail time. Justice Datta questioned the rationale behind keeping someone in jail due to unexecuted warrants. Ultimately, interim bail was granted, and the case was adjourned to October 26. Senior Advocate Siddharth Dave, representing Chaurasia, emphasized her prolonged custody without trial commencement and noted that three co-accused were granted bail. He referenced the Court's recent judgment in Manish Sisodia's case. The Additional Solicitor General SV Raju, representing the ED, opposed the bail, arguing that Chaurasia, as a civil servant, held a public trust position and required stringent scrutiny due to her alleged role in widespread corruption. The case involves allegations of extortion and illegal levy collection from coal transporters in Chhattisgarh. Chaurasia was arrested in December 2022. Her bail plea was rejected by the Chhattisgarh High Court in June 2023, and her special leave petition was dismissed by the Supreme Court in December. Her second bail application was withdrawn in May 2024, and her third was dismissed by the High Court. Chaurasia challenged this dismissal in the Supreme Court, which issued a notice on September 13. Representing Chaurasia were Senior Advocate Siddharth Dave, Advocate Harshwardhan Parganiha, and AoR Pallavi Sharma.