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Supreme Court of India
Decided on: 18.01.2023

Indian Penal Code, 1860 (45 of 1860), Section 420, 120B -- Rajasthan Public Examination (Prevention of Unfairness Means) Act, 1992 (27 of 1992), Section 4, 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Regular bail -- Leakage of question paper and use of unfair means in Rajasthan Eligibility Examination for Teachers (REET) – Petitioner-Manager of the school was appointed as Assistant to the Co-ordinator of REET exam -- Petitioner had access to the question paper kept in strong room -- Petitioner was to receive a bribe of Rupees Five Crores, out of which a sum of Rs. 1,77,80,000/- recovered from various persons, some amount was allegedly recovered from the petitioner also -- Petitioner was arrested on 26th January, 2022 – First charge-sheet filed, further investigation is going on and there is likelihood of filing of supplementary charge-sheet(s) –

-- Most of the co-accused of the petitioner have been released on regular bail by the High Court and many of them have been granted pre-arrest bail.

-- The trial is yet to commence and there are nearly 200 witnesses to be examined.

-- The conclusion of trial will take considerably long period.

-- Two other case, one FIR stated to has been withdrawn and in the second FIR, a closure report was filed and which is yet to be accepted.

Taking into consideration the period spent by the petitioner in the custody and the fact that the conclusion of trial will take some time, but without expressing any views on the merits, petitioner ordered to be released on bail subject to conditions.

(Para 1-7)

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Ram Kripal v. State of Rajasthan (SC)
(2023) Law Today Live Doc. Id. 17511
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Supreme Court of India
Before: Surya Kant & J.K. Maheshwari, JJ.
Special Leave to Appeal (Crl.) No(s). 11029 of 2022

Decided on: 18.01.2023
Ram Kripal - Petitioner (s)
Versus
State of Rajasthan - Respondent (s)

For Petitioner(s):

Mr. Sidharth Luthra, Sr. Adv. (V.C.) Mr. Pankaj Singhal, Adv. Ms. Ashima Gupta, Adv. Shakti Singh, Adv. Mr. Sarad Kumar Singhania, AOR

For Respondent(s):

Mr. Amit Pai, Adv. Mr. Ashok Basoya, Adv. Mr. Anmol Chandan, Adv. Mr. Mayank Pandey, Adv. Mr. Sandeep Kumar Jha, AOR

Indian Penal Code, 1860 (45 of 1860), Section 420, 120B -- Rajasthan Public Examination (Prevention of Unfairness Means) Act, 1992 (27 of 1992), Section 4, 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Regular bail -- Leakage of question paper and use of unfair means in Rajasthan Eligibility Examination for Teachers (REET) – Petitioner-Manager of the school was appointed as Assistant to the Co-ordinator of REET exam -- Petitioner had access to the question paper kept in strong room -- Petitioner was to receive a bribe of Rupees Five Crores, out of which a sum of Rs. 1,77,80,000/- recovered from various persons, some amount was allegedly recovered from the petitioner also -- Petitioner was arrested on 26th January, 2022 – First charge-sheet filed, further investigation is going on and there is likelihood of filing of supplementary charge-sheet(s) –

-- Most of the co-accused of the petitioner have been released on regular bail by the High Court and many of them have been granted pre-arrest bail.

-- The trial is yet to commence and there are nearly 200 witnesses to be examined.

-- The conclusion of trial will take considerably long period.

-- Two other case, one FIR stated to has been withdrawn and in the second FIR, a closure report was filed and which is yet to be accepted.

Taking into consideration the period spent by the petitioner in the custody and the fact that the conclusion of trial will take some time, but without expressing any views on the merits, petitioner ordered to be released on bail subject to conditions.

(Para 1-7)

ORDER

1. The petitioner seeks enlargement on regular bail in the Case FIR No. 402/2021 under Section 420, 120B IPC and Section 4/6 of Rajasthan Public Examination (Prevention of Unfairness Means) Act, 1992.

2. The above stated FIR has been registered at Gangapur Police Station, Sawai, Madhopur. The incidence pertains to the leakage of question paper and use of unfair means in Rajasthan Eligibility Examination for Teachers (REET). The allegations against the petitioner are that he was working as a Manager of the school and was appointed as Assistant to the Co-ordinator of REET exam. The petitioner had access to the question paper kept in strong room. The petitioner is alleged to have taken a copy of the question paper and leaked it to other co-accused. There was quid pro quo. The petitioner was to receive a bribe of Rupees Five Crores, out of which the investigating authorities are said to have successfully recovered a sum of Rs. 1,77,80,000/- (Rupees One Crore Seventy Seven Lakh and Eighty Thousand) from various persons. Some amount was allegedly recovered from the petitioner also. His bank account has also been attached.

3. The petitioner was arrested on 26th January, 2022. After initial completion of the investigation, first charge-sheet has been filed though having regard to the fact that the other 200 persons are involved, further investigation is going on and there is likelihood of filing of supplementary charge-sheet(s).

4. It is also not in dispute that most of the co-accused of the petitioner have been released on regular bail by the High Court and many of them have been granted pre-arrest bail by the High Court and this Court.

5. The trial is yet to commence and we are informed that there are nearly 200 witnesses to be examined. The conclusion of trial will take considerably long period. The High Court has denied bail to the petitioner on the ground that he has criminal antecedents as following cases are pending against petitioner :-

(i) FIR No. 756 of 2014 under Sections 341, 323b IPC registered at Police Station Sanganer, Jaipur and

(ii) FIR No. 220 of 2015 under Sections 420, 406, 447, 468, 471 IPC registered at Police Station Shiprapath, Jaipur.

6. Learned Senior Counsel states at the Bar that the first case i.e. FIR No. 756 of 2014 has been withdrawn and in the second case i.e. FIR No. 220 of 2015, a closure report was filed and which is yet to be accepted, as the complainant party has filed a protest petition.

7. Having heard learned senior counsel/counsel for the parties and taking into consideration the period spent by the petitioner in the custody and the fact that the conclusion of trial will take some time, but without expressing any views on the merits, we direct that the petitioner be released on bail subject to furnishing bail bonds to the satisfaction of the trial court. In addition to the conditions which may be imposed by the trial court, the petitioner shall :-

(i) deposit the passport, if any, with the trial court.

(ii) shall not absent from the dates of hearing unless expressly exempted by the Court.

(iii) shall fully cooperate with the trial proceedings and shall not cause any delay.

(iv) shall not make direct or indirect attempt to influence the prosecution witnesses and

(v) The immovable property of the petitioner and his family members shall remain attached, the details whereof shall be furnished by the petitioner within one week after the petitioner is released on bail.

8. The special leave petition is disposed of accordingly.

9. Pending application(s), if any, shall stand disposed of.

Order accordingly.

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