TaxTMI 
TaxTMI 
TaxTMI 
2023 (4) TMI 1466
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....120B/406/409/ 420 of the Indian Penal Code read with Sections 7/8/13/19 and 13(2) of P.C. Act, 1988. 3. It is submitted by the learned counsel for the petitioner, Mr. A. Tatak, that the present F.I.R. was lodged on 28.08.2022 alleging that in the recent examination conducted by Arunachal Pradesh Public Service Commission(APPSC) on 26.08.2022 & 27.08.2022 for the post of Assistant Engineer (Civil), there was a suspicion that the paper had been leaked in advance by the officials of APPSC in nexus with some people along with some coaching institute. In connection with the said case, the present accused was arrested on 16.09.2022 and since then, he is languishing in jail hajot. On 08.12.2022, the Charge-Sheet was also filed in connection wit....
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....eration of the present accused, till examination of 39 numbers of witnesses, would highly prejudice the accused and also would be tantamount to infringement of his right to fair trial as mandated under Article 21 of the Constitution of India. 4. The learned counsel for the petitioner further relied on a decision of Hon'ble Apex Court reported in (2012) 1 SCC 40 (Sanjay Chandra Vs. CBI), wherein, it has been held as under: "40. The grant or refusal to grant bail lies within the discretion of the Court. The grant or denial is regulated, to a large extent, by the facts and circumstances of each particular case. But at the same time, right to bail is not to be denied merely because of the sentiments of the community against the accu....
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....of P.C. Act. The present accused is the kingpin of the offence and after investigation, the Charge-Sheet has been filed against the present accused along with others within the statutory period of 90 days of arrest. However, after filing of the Charge-Sheet, the Investigating Agency was continuing the investigation and the subsequent Charge-Sheet was also filed against the present accused along with others. 7. During the pendency of the investigation of the present case, another F.I.R. was lodged with the same allegation of leakage of question paper, along with other related offence of 92 examinations conducted by APPSC between 2014-2022, and the said case is also transferred to the CBI for investigation, wherein also, sufficient involve....
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....have honestly worked hard for one whole year and are ultimately disentitled to a good rank by fraudulent practices prevalent in those examinations. It is well settled that socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. Usually socio-economic offence has deep rooted conspiracies affecting the moral fiber of the society and causing irreparable harm, needs to be considered seriously." 9. The learned Standing Counsel, CBI, further relied on a decision of the Hon'ble Apex Court in Prahlad Singh Bhati Vs. NCT of Delhi & Anr., wherein also, the Hon'ble Apex Court has expressed the view that "the jurisdiction to grant bail has to be exercised on the basis of well settled p....
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....sed is also alleged to have been involved in similar other cases and it is also submitted by the learned Standing Counsel, CBI, that the investigation is still going on and some other matters as during the tenure of the present accused, 92 numbers of examinations were conducted by the APPSC. It is a fact that the accused is behind the bar for a considerable period and in the same time, it is also seen that the Charge-Sheet has already been filed in the said case, though some other cases are still under investigation where the accused is alleged to have been involved in leaking of the question papers relating to the other examinations also. But, the nature of offence alleged against the present accused- Taket Jerang is that he is the kingpin....