Excelsior Correspondent
JAMMU, July 14: High Court has rejected the bail applications of Yatin Yadav and Pardeep Kumar, who were involved in Sub Inspector recruitment scam.
After hearing senior AAG Monika Kohli for CBI and senior Advocate Vikram Sharma for applicants, Justice Rajesh Sekhri observed, “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 CrPC, 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”, High Court said.
“Further investigation, if any, into this aspect of the case and further evidence, if any, collected by the investigating agency qua the 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–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”, High Court said.
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