Gauhati High Court
Jahidul Islam Khan vs The State Of Assam on 2 December, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010242362022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3230/2022
JAHIDUL ISLAM KHAN
S/O NIZAM UDDIN KHAN
R/O VILL- TETLIRTAL, P.O. BARPALLY
P.S. AND DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR D K DEY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
02.12.2022 Heard Mr. B. Sinha, learned counsel for the accused-petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioner viz. Jahidul Islam Khan has prayed for his release on bail in connection with CID Police Station Case no. 5/2022, registered under Sections 120B/420/468/471, Indian Penal Code [IPC] with Section 467, IPC added later on.
3. The accused-petitioner after being arrested in connection with CID Police Station Case no. 5/2022, was produced before the Court of learned Chief Judicial Magistrate, Kamrup [M], Guwahati on 26.10.2022 and since then, he on being remanded, is in custody.
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4. Mr. Sinha, learned counsel for the accused-petitioner has submitted that the accused- petitioner was one of the candidates in the recruitment process undertake for filing up the posts of both Constable [UB] and Constable [AB] and he had submitted a computer efficiency certificate with his on-line application. Mr. Sinha has asserted that the accused-petitioner had passed Post Graduate Diploma in Computer Application [PGDCA] of 1 [one]-year duration from an institute named M/s Arunoday Computer Institute, Barpeta.
5. While opposing the bail application of the accused-petitioner, Mr. Goswami, learned Additional Public Prosecutor who has received the case diary, has submitted that during the investigation including a visit to the institute M/s Arunoday Computer Institute, Barpeta, owner : Tapan Das, it is revealed that the computer efficiency certificate, submitted by the accused-petitioner, was not issued by the Centre In-Charge as he denied about issuing the said certificate. As per the Forensic Science Laboratory [FSL] Report also, the signature appearing in the computer efficiency certificate, submitted by the accused-petitioner, does not match with the signature of the owner of the institute.
5.1. Mr. Goswami, learned Additional Public Prosecutor has further submitted that as in the process of the issuance of the alleged fake computer efficiency certificates many persons are found to have been involved, the bail application may not be considered at this stage. It is the submission of Mr. Goswami, learned Additional Public Prosecutor that the use of fake computer efficiency certificate by those candidates was an attempt to gain wrongful advantage in the recruitment process where large number of candidates had competed to get themselves selected on merits. Had the enquiry process been not initiated, the entire recruitment process would have got derailed.
6. By an Advertisement dated 25.04.2018 published by the State Level Police Recruitment Board [SLPRB], Assam, it was informed that recruitment rallies would be conducted in the districts of Assam for filling up of 1851 nos. of vacancies in the post of Constable of Unarmed Branch [UB] of District Executive Force [DEF] and 3643 nos. of vacancies in the post of Constable of Armed Branch [AB], that is, total 5494 nos. By a Notice/Addendum dated Page No.# 3/8 19.12.2019 published by the SLPRB, Assam, it was informed that the State Government had given approval for recruitment of another 1168 posts of constables in Assam Police. With the publication of the Notice/Addendum dated 19.12.2019, the total vacancies for recruitment of constables became 6662. The Advertisement/Notice/Addendum disclosed organization-wise nos. of vacant posts sanctioned, district-wise distribution of vacant posts as well as police station-wise distribution of vacant posts, etc. 6.1. As per the procedure of selection laid down in the Advertisement, the candidates whose applications, required to be submitted on-line, were found correct in all respects, would have to undergo Physical Standard Test [PST] and Physical Efficiency Test [PET]. In the PST stage, measurements of height, weight and chest of the candidates were to be done using latest technology followed by inspection by a Medical Officer for preliminary check up of different attributes. Once a candidate cleared the PST he would have to appear in the PET. The PET stage comprised of 40 marks and only those candidates who cleared PST would be required to undergo PET consisted of two events viz. [i] race, and [ii] long jump. After results of the PST and the PET were displayed, the candidates were required to appear in the written test which consisted of 100 multiple choice type questions carrying 50 marks, to be answered in an OMR answer sheet. One segment of the recruitment process was meant for 'Extra- Curricular Activities and Special Skills', which consisted of 10 marks. Thus, the final results of the recruitment process were to be based on the marks obtained in the three stages as follows : [i] PET = 40 marks; [ii] Written Test = 50 marks; and [iii] Extra-Curricular Activities and Special Skills = 10 marks, that is, 100 marks. The select list was to be prepared for each category, UR/SC/ST[P]/ST[H] based on the total marks obtained by the candidate in [i] PET, [ii] written test, and [iii] Extra-Curricular Activities and Special Skills.
6.2. As per the instructions contained in the Advertisement, candidates should bring a set of photo copies of documents against which he / she had claimed marks against the segments, 'Extra-Curricular Activities and Special Skills'. The Chairman or the Member of the SLPRB, Assam was required to put signature on both the sets of copies of those candidates who cleared PET and one set was to be retained by the DLSC and another set was to be taken by the candidate so that no conflict takes place in future.
6.3. The break-up of 10 marks allotted for the segment, 'Extra-Curricular Activities and Page No.# 4/8 Special Skills' was as follows : -
Extra-Curricular Activities and Special Skills : Max marks 10.
[A] Educational Qualification. Marks will be allotted based on results of Higher Secondary & Matriculation Examination for UB constables and Armed Branch respectively as under :
Max marks 5 UB Constables. Marks will be AB Constables. Marks will based on the results of Higher be based on the results of Secondary Exam. HSLC Exam.
i 45 - 59.99% 2 Marks 45 - 59.99% 2 Marks
ii 60 - 74.99% 3 Marks 60 - 74.99% 3 Marks
iii 75% and above 5 Marks 75% and above 5 Marks
[B] NATIONAL CADET CORPS [NCC] Max Marks - 03 [three]
[i] NCC 'C' Certificate - 03 [three] marks
[ii] NCC 'B' Certificate - 02 [two] marks
[iii] NCC 'A' Certificate - 01 [one] mark
[C] PROFECIENCY IN COMPUTERS Max Marks - 05 [five]
[i] Master of Computer Application [MCA] - 05 [five] marks
[ii] Bachelor of Computer Application [BCA] - 04 [four] marks
[iii] 2 [two] years Diploma from any Govt. / UGC recognized /
Accredited Universities/Institutions - 03 [three] marks
[iv] 1 [one] year Diploma from any Govt./UGC recognized/ Accredited
Universities/Institutions - 02 [two] marks
[v] Minimum 6 [six] months course in Computers from any Govt. Registered /UGC recognized /Accredited Universities/Institutions
- 01 [one] mark [D] Diploma / Certificate course from ITI/Polytechnic or other recognized / accredited Technical Institute : Max 3 Marks Page No.# 5/8 [a] Duration of course 2 years or more - 3 marks [b] Duration 1 year - 2 marks [c] Duration 3 to 6 months - 1 mark No marks will be awarded if the duration is less than 12 weeks. [The following trades are excluded : Hair dressing, Skin care, Embroidery, Dress making, Weaving, Needlework, Travel & Tour].
6.4. It is that part [C] 'Proficiency in Computers' in 'Extra-Curricular Activities and Special Skills' segment in the recruitment process where the maximum marks allotted was 05, illegalities/irregularities were alleged to have been occurred.
6.5. The SLPRB, Assam in respect of the afore-mentioned recruitment process had constituted a Committee under the Chairmanship of the Special DGP[T&AP], Assam with three other members to randomly verify the computer proficiency certificates submitted by the candidates during submission of on-line applications and at the time of appearing in PST and PET in connection with the recruitment process. The Committee with the assistance of the Superintendents of Police of the districts, verified the genuineness of the computer proficiency certificates submitted by the candidates and submitted an Enquiry Report.
Accordingly, the Special DGP[T&AP], Assam and Member, SLPRB, Assam forwarded the Enquiry Report, prepared by the Committee, to the Director General of Police -cum-
Chairman SLPRB, Assam by a Communication bearing Memo no.
TAP/C/SLPRB/Constable/2020/Pt-I/179 dated 11.05.2022. It was mentioned in the Communication dated 11.05.2022 that as per the Enquiry Report, 414 nos. of candidates submitted fake computer efficiency certificates and therefore, they had been declared disqualified. The details of those 414 nos. of candidates were enclosed therewith by marking it as Annexure-A to the Communication dated 11.05.2022. Upon receipt of the Communication dated 11.05.2022, the Nodal Officer, SLPRB, Assam forwarded the said Communication dated 11.05.2022 to the Additional Director General of Police, CID, Assam vide a Letter dated 14.05.2022 with the request to register a case and to investigate the same. On receipt of the Letter dated 14.05.2022, the CID Police Station Case no. 05/2022 under Sections 120B/420/467/471, Indian Penal Code [IPC] came to be registered on 14.05.2022. It is stated that Section 467, IPC has been added later on.
Page No.# 6/8 6.6. While lodging the FIR, it has been mentioned that the unfair and illegal means adopted by the candidates, 414 in nos., required a thorough follow up action as they had been found involved in criminal conspiracy, forgery and cheating.
7. It is trite to say that ordinarily, arrest is a part of the process of investigation intended to secure several purposes. There may be circumstances in which the accused may provide information leading to discovery of material facts and relevant materials. The matter of bail or pre-arrest bail is to strike a balance between the individual's right to safeguard his personal liberty on one hand and the societal interest serving larger public interests on the other hand. It is usually viewed that information can be elicited from an accused person in a better manner when he is in custody and, thus, custodial interrogation is qualitatively more elicitation-oriented. A right is available to the Investigating Agency to interrogate an accused as to the materials so far collected and to collect more information which may lead to recovery of relevant information..
8. The Hon'ble Supreme Court of India in Adri Dharan Das v. State of W.B., reported in [2005] 4 SCC 303, has observed that the basic purpose of interrogation is to question the accused in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his disappearance, to maintain law and order in the locality, etc. For these or other reasons, the arrest may become inevitable part of the process of investigation.
9. Having regard to the nature of accusations raised against the accused persons suspected to have obtained/procured fake computer efficiency certificates, the task before the Investigating Agency in the case in hand is to collect cogent and reliable evidence regarding genuineness or otherwise of the computer efficiency certificates, submitted or procured by the candidates. It is true that the recruitment process carried by the SLPRB, Assam was a huge one whereby the process was initiated for filling up more than 6000 posts of constables. The case of the Investigating Agency is that the certificates submitted by the Page No.# 7/8 candidates are either from an unknown institute or from a bogus institute or from an institute which is not authorized to issue such certificate or from a institute which does not have any existence or the certificate is a forged one, etc. The Investigating Agency is required to find out about genuineness or otherwise of the certificates submitted by those 414 nos. of candidates. Thus, the entire issue here hinges upon the nature of materials collected by the Investigating Agency about the bogusness or correctness of the computer efficiency certificates. The allegedly fake Computer Efficiency Certificates are already in custody and possession of the recruitment agency, SLPRB, Assam. It is on the status and credentials of the institutes/authorities wherefrom the allegedly fake computer efficiency certificates were shown to have been issued/obtained the entire case of Investigating Agency is dependent. The institutes/authorities are external ones and their status and credentials can be unearthed by visiting these institutes/authorities. Based on the finding of their status and credentials, the culpability of the participating candidates can be found out. In case of the institutes' non- existence, the onus would fall upon the candidates to rebut the same in the course of trial in future. It appears that the validity about such institutes' recognition/accreditation, etc. can be found by making inspection and by other means. The prime reason for initiating the investigation is for the reasons that when a random enquiry initially and thereafter, a detail enquiry were carried out, a number of candidates were found to have submitted fake computer efficiency certificate in order gain 5 [five] marks allotted under part [C] 'Proficiency in Computers' in 'Extra-Curricular Activities and Special Skills' segment of the recruitment process. Thus, the direction in which the Investigating Agency has to take its investigation forward could be said as clear and definite and it is not a case that the investigation is to be led without any particular leads.
10. Thus, taking the above aspects into consideration and the period of detention of the accused-petitioner in custody by which time the Investigating Agency had the full liberty to elicit the required information from the accused-petitioner by way of interrogation to apprise itself about the directions in which the further investigation is to be led for collection of requisite materials, this Court is of the considered view that further custodial detention of the accused-petitioner for the purpose of carrying out further investigation into the case appears not necessary and his release on bail, at this stage of investigation, is not likely to bring any Page No.# 8/8 adverse effect in the further investigation in so far as the case of the accused-petitioner is concerned, provided he continues to extend his assistance and co-operation in the further investigation of the case.
11. Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [M], Guwahati subject to the conditions that :-
[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating Officer [I.O.] of the case;
[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; [iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; [iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected; and [v] the accused-petitioner shall regularly remain present during the trial and co- operate the Court to complete the trial for the above offences, if charge sheeted in the case.
12. The application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant