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| Bail rejected to accused involved in answer-sheet scandal | | | Early Times Report
Jammu, May 6: Special Judge Anticorruption J R Kotwal dismissed bail application filed by Dharam Pal of Nai Basti who is involved in much publicized answer-sheet scam and was arrested by the police on April 20, 2010. While rejecting bail application JR Kotwal after hearing CPO Pawan Khajuria appearing for the state and Adv ML Gupta appeared for applicant, observed that manner in which applicants secure pilferage of answer sheet from office of Board of School Education to his house is dismal and anguishing. The entire episode is an affront to institutions of examinations and would shake confidence of the society in sanctity of system of evaluating merit of students. Persons involved in or perpetuating such acts are not justified in asserting right of their personal liberty through medium of bail. It goes without saying that personal liberty of person is his fundamental right and therefore, supreme more supreme in the interest of society and referred a judgment of the Apex Court titled Rajesh Ranjan Yadav alias Papu Yadav Vs CBI and said while weighing applicant's right to personal liberty on one hand and interest of society on other hand in light of episode allegedly staged by applicant and co-accused, court inclined to hold that later should weigh over former of this pre-trial stage of case. The applicant is not entitled to be released on bail at this stage because doing so would be against public Interest. It goes without saying that bail in non-bailable case is a judicial discretion of Court and general public interest involved in granting or refusing bail is one of important considerations for bail. Court is unable to subscribe to view that investigation of case is complete and matter ends with applicant having been remanded to judicial custody.
Court further observed that it requires serious proving as to how it was possible for a private person to manipulate pilferage of answer script from the office of the BOSE and bring it to his house for its improvement. After all it is question of credibility of an important institution of state. Is alone a person of the level of helper of the Code Officer powerful enough to breach and stigmatize this credibility? Investigation of this matter should not involve simply making a raid, arresting the accused and seizing the answer script. Much more is desired to be done by the investigating agency. Applicant's entitlement to bail may come up for consideration in perspective of entire scenario emerging by way of the final report of the investigation of the case.
In this view applicant is not entitled to bail at this pre-trial stage and rejected bail. ----JNF |
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