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TMI Blog2017 (4) TMI 1410X X X X Extracts X X X X X X X X Extracts X X X X ..... iousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts. The allegations against the respondent are very serious in nature, which are reflected from the excerpts of the case dairy. We are also conscious of the fact that the offences alleged, if proved, may jeopardize the credibility of the education system of State of Bihar. 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. It is not advisable to release the accused/ respondent on bail at this stage - appeal allowed - decided in favor of Revenue. - CRIMINAL APPEAL NO. 767 OF 2017 (Arising out of Special Leave Petition (C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in appeal before us Brief factual matrix in the present matter is that the students of one Vishnu Rai College, Kiratpur Raja Ram Bhagwanpur, Vaishali, were successful in occupying first ten places in the merit list of Intermediate Examination conducted by Bihar Intermediate Education Council. Subsequently there was a report in the electronic media about the poor intellectual capacity of those who have topped the Intermediate Examination in the State of Bihar. In light of scathing media reports, students whose names were part of the merit list were called for an interview before the Bihar Schools Complex Committee. Subsequently a written complaint was lodged by the Director of Secondary Education. Consequently an FIR bearing P.S. Case No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no evidence to establish that there was exchange of money between the respondent and other members involved in the conspiracy. Furthermore he contended that the statements of co-accused cannot be taken into account as the same is inadmissible in the eyes of law. Moreover he pointed out that the seizure of materials like rubber stamps etc, which were found in a sister premises, cannot be relied upon. Learned senior counsel for respondent has placed reliance on Bihar Legal Support Society v. Chief Justice of India [(1986) 4 SCC 767], where a Constitution Bench of this Court has observed that this Court should generally desist from intervening in matters of grant or refusal of regular bail /anticipatory bail by the High Court. Fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d his place various documents relating to property and land to the tune of ₹ 2.57 Cr. were recovered besides ₹ 20 lakhs in cash. In addition to this, allegedly a large number of written answer sheets of various students, letter heads and rubber stamps of several authorities, admit cards, illegal fire arm etc. were found which establishes a prima facie case against the respondent. The allegations against the respondent are very serious in nature, which are reflected from the excerpts of the case dairy. We are also conscious of the fact that the offences alleged, if proved, may jeopardize the credibility of the education system of State of Bihar. The learned senior counsel appearing for the respondent claimed parity with twenty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as the charges in that case carried a maximum punishment for a term which may extend to seven years. In the present case, charge sheet has been submitted, inter alia, for the offences under section 409 [1] , 465, 467 [2] , 468, 471, 188, 201, 212 and 120B of Indian Penal Code, 1860 and Section 8 [3] , 9 [4] , 13 (1)(c)/(d) read with 13(2) [5] of Prevention of Corruption Act, 1988 [6] . Therefore the case of Sanjay Chandra (supra) provides no assistance for the respondent herein. We are also conscious that if any undeserving candidates are allowed to top exams by corrupt means, not only will the society be deprived of deserving candidates, but it will be unfair for those students who have honestly worked hard for one whole year and are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay extend up to ten years and shall also be liable for a fine. [2] Which carries punishment of imprisonment for life or with imprisonment of either description which may extend up to a term of ten years and shall also be liable to a fine. [3] Which carries punishment of imprisonment for minimum of three years and may extend up to seven years with fine. [4] Which carries punishment of imprisonment for minimum of three years and may extend up to seven years with fine. [5] Which carries punishment of imprisonment for minimum of four years and may extend up to ten years with fine. [6] It is to be noted that Prevention of Corruption Act, 1988 was amended by The Lokpal and Lokayutas Act, 2013 , Act I of 2014 (w.e.f 16.01.2014). Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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