Early Times Report
Jammu, July 14: Justice Rajesh Sekhri rejected the bail applications of Yatin Yadav and Pardeep Kumar in Sub Inspector Recuritment Scam.
The facts of the case is that 3. The Government of J&K through Deputy Secretary, GAD, directed investigation into allegations of irregularities in written examination for the posts of Sub Inspector in the J&K Police conducted by J&K Services Selection Board (JKSSB), through CBI, on the basis of report of Enquiry Committee constituted by the Government. The stand of the Government is that report of Enquiry Committee prima facie reveals criminal conspiracy amongst officials of JKSSB, M/s Merit Trac, Bengaluru, beneficiary candidates and other accused persons causing gross irregularities in the conduct of written examination for the posts of Sub Inspectors in J&K Police. Consequently, Crime No. RC0042022A0008-CBI/ACM/JAMMU came to be registered under Section 120-B IPC read with Section 420 IPC against officials of J&KSSB, M/s Merit Trac, Bengaluru, beneficiary candidates and other accused persons on 03.08.2022. The investigation culminated into filing of final report in terms of Section 173 Cr.P.C. on 12.11.2022 against 33 accused persons, some unknown private persons, officials of M/s Merittrac Services Private Ltd. and officials of JKSSB in the court of learned Chief Judicial Magistrate, (CJM), Jammu It is pertinent to mention that role of each accused has been delineated in the charge sheet. The investigating agency has concluded that the accused have committed offences punishable under Sections 420-B IPC read with Sections 420, 411, 408, and 201 IPC.
Justice Rajesh Sekhri after hearing both the sides observed that what comes to the fore is that a charge sheet can be said to be complete, if it enables the court to apply its mind and satisfy itself, whether on the basis of the charge sheet and the material filed along with the police report, envisaged under Section 173 of Cr.P.C., a case for taking cognizance is made out or not. It is the completion of investigation, relating to offences against the charge sheeted accused, which is material for the purpose of determining whether accused is entitled to the grant of statutory bail or not. The investigation and charge sheet with respect to coordinated conspiracy amongst the petitioners and co-accused, who have been charge sheeted, with respect to leakage of question papers is complete. It has nothing to do with other facet of the case regarding allegation of irregularity in award of contract by JKSSB to M/s Merittrac and delegation of work of setting up of question papers by the said company. Further investigation, if any, into this aspect of the case and further evidence, if any, collected by the investigating agency qua the said facet, will not make any difference in the present charge sheet against the petitioners. Since petitioners in the present case came to be arrested on 19.09.2022 and charge sheet was laid on 12.11.2022 i.e. within the statutory period of 60 days, therefore, benefit of "Statutory Bail" in terms of Section 167 (2) Cr.P.C. cannot be extended to them. (JNF) |
