TMI Blog2022 (12) TMI 1465X X X X Extracts X X X X X X X X Extracts X X X X ..... ven 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cess of law. Other accuseds have not been arrested. Hence, he prays for bail. 2. Mr. Arun Kumar Maiti with Mr. Anirban Mitra, learned Advocate for the CBI opposes the prayer for bail. He submits investigation has unravelled a deep rooted and widespread conspiracy in the matter of appointment of assistant teachers through the Commission. Petitioner was the former Chairman of the Commission, had overall control and was in charge of the day to day affairs of the Commission. He misused his position in the recruitment process in the following manner:- (1) Manipulations in OMR marks of referred candidates prior to publication of result of written examination; (2) Manipulations of Personality Test scores prior to publication of final Pane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... canning and preparation of OMR sheets and upload the altered OMR sheets in the database of the Commission to favour referred candidates. Personality test scores were also altered at his behest. Consequentially, undeserving candidates were issued recommendation letters to attend counselling and were given appointments. 5. The role of the petitioner as the head of the Commission is pivotal in the selection process. He was in charge of the day to day functioning of the Commission and was suppose to ensure a free and fair selection of candidates. Instead of doing so, he indulged in stark illegalities which leave no doubt in one's mind with regard to his prima facie involvement in the illegal appointment of undeserving candidates in Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the open. They are products of dark liaisons between conspirators. Conduct of the conspirators, their acts and illegal omissions before, during and after the conspiracy are inferential evidence to come to a conclusion with regard to the involvement of a conspirator. Petitioner was the head of the Commission and under his leadership selection process was initiated. Commission was entrusted to ensure a free, fair and impartial selection to the posts of teachers. He was in day to day charge of such activity. Gross and widespread manipulations of marks in OMR sheets maintained in the database of the Commission and in the personality scores of candidates under the stewardship of the petitioner gives rise to a prima facie inference of his c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tual matrix. Other weighty parameters like gravity of offence involving institutionalized corruption in matters of public employment need to be taken into consideration. Impact of the crime on society and the fate of innumerable victims viz., aspiring candidates in particular and students of the Government and Government aided school in general who stand deprived of quality education due to wrongful appointment also requires to be borne in mind. 13. We are cognizant that in Sanjay Chandra vs. Central Bureau of Investigation (2012) 1 SCC 40 the Apex Court observed bail ought not to be denied merely on the sentiments of the community. We have not been persuaded to come to a decision against the petitioner only on the score of sentiments of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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