(57)-BA-1070-22 & group matters.doc.

Corrected as per order dated 11/10/2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.1070 OF 2022

Madhav Sheshrao Gitte

..Applicant

Versus

State of Maharashtra

..Respondent

WITH

CRIMINAL BAIL APPLICATION NO.1071 OF 2022

Ali Akhtar Abdul Ali Khan

..Applicant

Versus

State of Maharashtra

..Respondent

WITH

CRIMINAL BAIL APPLICATION NO.1072 OF 2022

Azad Lal Mahommad Khan

..Applicant

Versus

State of Maharashtra

..Respondent

WITH

CRIMINAL BAIL APPLICATION NO.1069 OF 2022

Uday Dattu Auti

..Applicant

Versus

State of Maharashtra

..Respondent

WITH

CRIMINAL BAIL APPLICATION NO.2448 OF 2022

Gopal Yuvraj Koli

..Applicant

Versus

State of Maharashtra

..Respondent

BGP.

1 of 5

BHARAT

DASHARATH

PANDIT

Digitally signed by

BHARAT

DASHARATH

PANDIT

Date: 2022.10.12

13:51:51 +0530

(57)-BA-1070-22 & group matters.doc.

Corrected as per order dated 11/10/2022

Mr. Sudatta J. Patil a/w Vikramsingh Parmar, for the Applicant in all

Applications.

Ms. P. N. Dabholkar, APP for the Respondent/State.

Mr. Narayan Shirgaonkar, ACP, Crime Branch, Pune – present.

CORAM : NITIN W. SAMBRE, J.

DATE : 15^th SEPTEMBER, 2022

P.C.

1.

Applicants in BA/1069/2022, BA/1070/2022 and

BA/2248/2022 and in BA/1071/2022 and BA/1072/2022 are

seeking regular bail in Crime No. 83 of 2021 registered with

Wanawadi Police Station and in Crime No.54 of 2021 registered

with Vishrantwadi Police Station respectively for the offence

punishable under Sections 420, 406, 120B, r/w 34 of IPC, Sections

6 and 7 of Maharashtra Prevention of Malpractices At University,

Board and Other Specified Examinations Act, 1982, Sections 7, 12,

13 of Prevention of Corruption Act and Section 66(c) of Information

Technology Act.

2.

The attributions against the applicants in the

prosecution story are, upon receiving secret inputs in relation to

leakage of the question papers of written examination in relation to

army recruitment, raid was carried out during which hand written

examination papers, the printed PDF form on whatsapp of said

question papers were recovered from the accused Kishor Mahadev

Giri who was apprehended on 1^st March, 2021. The said accused

BGP.

2 of 5

(57)-BA-1070-22 & group matters.doc.

Corrected as per order dated 11/10/2022

distributed the said question paper to various persons for illegal

gratification. Applicant/Madhav Sheshrao Gitte is alleged to be

companion of said Kishor Mahadev Giri through whose mobile the

leaked question paper was put in further circulation. As far as the

applicant in Bail Application No.1069 of 2022 - Mr. Uday Dattu Auti,

another applicant - Gopal Yuvraj Koli, co-accused in Bail Application

No.2448 of 2022 are shown to be accomplice of Madhav Sheshrao

Gitte in the matter of leakage of examination paper. As far as

applicants Ali Akhtar Abdul Ali Khan and Azad Lal Mahommad

Khan who are applicants in Bail Application Nos.1071 of 2022 and

1072 of 2022, the allegations are that they have illegally sourced

the question paper and circulated the same for considerations and

were successfully trapped.

3.

All these five accused after their apprehension were

subjected to custodial interrogation and are charge-sheeted.

4.

Apart from the claim that investigation against the

applicants is already over, it is urged that other similarly accused

persons, namely Thiru Murugan Thangvelu, Vasant Vijay Kilari,

Veera Prasad Kotiswami Narnepati, Kishor Mahadev Giri and

Mahindra Chandrabhan Sonawane are already released in other

similarly placed crimes being Crime No.83 of 2021. It is also

claimed that Mahindra Chandrabhan Sonawane who is similarly

placed in crime i.e. Crime No.54 of 2021 is also released vide order

dated 31^st January, 2022 passed in Criminal Bail Application

BGP.

3 of 5

(57)-BA-1070-22 & group