The bail plea of a police officer and his son, who were apprehended by the Central Bureau of Investigation (CBI) in connection with the police sub-inspector recruitment scam last year, has been rejected by the Jammu and Kashmir High Court. Justice Mohan Lal dismissed the joint bail plea of Assistant Sub-Inspector Ashok Kumar and Jaisuriya Sharma, stating that it was "misconceived under law."
Brief Facts:
The CBI arrested the police officer and his son on November 6 and 9, respectively, for their alleged involvement in the recruitment scam. They were among 33 individuals charged by the central probe agency on November 12 last year. The Jammu and Kashmir Services Selection Board (JKSSB) carried out the recruitment test in March, but the results were annulled by the administration in July due to claims of paper leak and malpractice. The list of 1,200 successful candidates, as well as that of 1,300 junior engineers and 1,000 finance account assistants, were all cancelled.
Contentions of the Appellant:
Sh. R.K. Kotwal argued for the release of the petitioners on bail. He stated that nothing incriminating was found against them during the search of their house, and they were subjected to physical and mental violence while in custody. The petitioners are respectable members of society and have not committed any criminal offences. It was further argued that the allegations against them are only punishable by a maximum of seven years imprisonment, and therefore bail cannot be refused. The grant of bail is a general rule and refusal is an exception. The offences against the petitioners are not grave and heinous. It was further submitted that the accused police officer can be released on bail on health grounds with conditions imposed by the Court.
Contentions of the Respondent:
Ms. Monika Kohli, representing the CBI, strongly opposed bail for the accused. She argued that the petitioner, an Assistant Sub Inspector, and his son played a key role in a scam involving the leakage of question papers and the sale of the same to candidates for money. As many as 33 accused persons are indicted in the FIR, and the investigation is ongoing with more arrests likely. The accused are highly influential persons who may influence prosecution witnesses, it was stated. It was further contended that the career of hundreds and thousands of aspirants have been affected, and granting bail will make it difficult to investigate the inter-state gangs operating in several states.
Observations by the Court:
Justice Lal, in his adjudication, noted that the accused petitioners were involved in a serious criminal conspiracy with other accused to leak and sell question papers in exchange for money. The bench was of the view that based on the available evidence, there was reasonable cause to believe that the accused have committed the alleged offense. However, the investigation is still ongoing, and more suspects need to be apprehended to fully uncover the scope of the scam, the court noted. Therefore, it observed that the investigating agency requires sufficient time to complete the investigation and uncover the activities of the inter-state gang.
While rejecting the contentions raised by the petitioners, the court held that balancing the "right to individual liberty" and "interests of society" is crucial as no right is absolute, and reasonable restrictions can be imposed. Granting bail depends on the specific facts and circumstances of each case, and a lengthy period of imprisonment served does not necessarily guarantee bail, the court noted.
The decision of the Court:
The court rejected the bail applications filed by the accused.
Case Title: Ashok Kumar v Central Bureau of Investigation
Coram: Hon’ble Mr. Justice Mohan Lal
Case no.: Bail Application No. 2 of 2023
Advocate for the Applicant: Shri R. K. Kotwal, Advocate
Advocate for the Respondent: Ms. Monika Kohli, Senior AAG
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