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2022 (12) TMI 1465 - CALCUTTA HIGH COURTSeeking grant of bail - Corruption - appointment of assistant teachers in Classes IX and X under the auspices of the Commission - HELD THAT:- Perusal of the charge sheet and materials collected during investigation show petitioner was the Chairman of the Commission from January, 2014 till July, 2018. Under his supervision selection process for appointment to the post of assistant teachers for Class IX and X in Secondary and Higher Secondary Schools was initiated - undeserving candidates were issued recommendation letters to attend counselling and were given appointments. The present case involves offences under Prevention of Corruption Act and would not fall in Category A but Category D. In the said report, the Court referring to the observations in P. CHIDAMBARAM VERSUS DIRECTORATE OF ENFORCEMENT [2019 (12) TMI 186 - SUPREME COURT], inter alia, held the gravity of the offence, object of the special law and attending circumstances are to be taken note of in addition to the period of sentence. Each case has to be decided on its own merit. In SANJAY CHANDRA VERSUS CBI [2011 (11) TMI 537 - SUPREME COURT] the Apex Court observed bail ought not to be denied merely on the sentiments of the community. A decision against the petitioner cannot be arrived at only on the score of sentiments of the community - Petitioner has been implicated in another case involving similar allegations. Enforcement Directorate has also been directed to initiate enquiry in the matter. He is in custody barely for three months. It is not prudent to release the petitioner on bail at this stage - bail application dismissed.
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