The completion of investigation and the filing of a charge sheet are prerequisites for determining the entitlement to statutory bail under Section 167(2) of Cr.P.C.

JUDGMENT :

1. Petitioners have invoked Section 437 of Code of Criminal Procedure, 1978 (for short Cr.P.C.) read with Article 226 of the Constitution of India to implore for their enlargement on statutory bail in terms of Section 167(2) Cr.P.C.

2. Before a closer look at the grounds urged in the present petition, it shall be apt to have an overview of the background facts of the case.

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.

4. 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 accused have committed offences punishable under Sections 420-B IPC read with Sections 420, 411, 408, and 201 IPC.

5. Petitioners preferred separate applications for “default bail” in terms of Section 167(2) Cr.P.C. and learned CJM, Jammu vide impugned order dated 31.01.2023 declined the plea by holding that since charge sheet stands filed, Court has already taken cognizance of the offences, there are sufficient grounds to proceed and case is at the stage of consideration of charge/discharge, therefore, petitioners are not entitled to the default bail.

6. Petitioners have questioned the impugned order passed by learned CJM, Jammu, vide which, their plea for “default bail” has been declined by the trial court, on the solitary premise that learned trial Court has failed to appreciate the real import of Section 167(2) Cr.P.C. According to the petitioners, the investigating agency found two sets of conspiracy. Though it investigated the smaller conspiracy with respect to the petitioners, according to which, petitioners got access of the question papers of Sub Inspector examination and provided the same to beneficiary candidates as also revealed to other accused persons present in Jammu where question papers were circulated, however, the larger conspiracy, as per the report of the Enquiry Committee to unearth the criminal conspiracy amongst officials of JKSSB, M/s Merit Trac, Bengaluru, beneficiary candidates and other accused persons is still underway. Petitioners, by referring to various observations made in the charge sheet have submitted that since investigation into larger conspiracy of the case is admittedly underway, therefore, charge sheet filed by the investigating agency in the trial court is a ruse to defeat the indefeasible right of the petitioners for “default bail” under Section 167(2) Cr.P.C.

7. Countervailing the stand taken by the petitioners, the respondent-UT is affront with the contention that accused-petitioner No. 1, Yatin Yadav, being the mastermind, has conspired with rest of the petitioners/accused to leak the question paper and sold the same to the candidates in lieu of money. He is alleged to have entered into a criminal conspiracy with accused-petitioner No.2, Pardeep Kumar, an employee of printing press, namely, M/s KVR Infosy