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2019 DIGILAW 1245 (ALL)

Nand Kishore v. C. B. I. /S. P. E.

2019-05-08

PRADEEP KUMAR SRIVASTAVA

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ORDER : Pradeep Kumar Srivastava, J. 1. Heard the learned counsels for the accused-appellants of their respective criminal appeal and learned counsel appearing on behalf of C.B.I. Perused the record. 2. The aforesaid -ten criminal appeals have been preferred against the order of conviction and sentence dated 24.12.2018, passed by Special Judge (Prevention of Corruption Act) C.B.I., Court No. 3, Ghaziabad in Special Case No. 18 of 2014 [Old Case No. 8 of 2000), Computer File No. 5700018/2014 (C.B.I./SPE, Dehradun v. Brig. Jagjit Singh and others), in CNR No. UPGZO 1000252-2000 R.C." 31 (A)/93-DAD Section 120B, 420/511, 468 and 471, I.P.C. and Section 13 (2) read with Section 13 (1) of Prevention of Corruption Act, Police Station C.B.I./SPE, Dehradun. 3. It has been submitted by the learned counsels to the accused-appellants that co-accused Smt. Usha Bedi and Smt. Bharti have already been released on bail by this Court vide order dated 25.2.2019, passed in Criminal Appeal No. 1427 of 2019. Learned counsel for the accused-appellants has further submission is that accused Nand Kishore, Paramjeet Singh, Ravendra Kumar, Ashutosh Pandey, Azad Singh, Pramod Kumar, Ramkrishan and Raj Kumar Gautam were the candidates who applied for getting recruitment in Indian Army on different posts. Accused Brig. Jagjit Singh, Subedar Major Hari Chand and Havaldar/Clerk Veerbhan are the Army Officers under whose supervision the examination was conducted. 4. Brief facts of the case are that a scam took place in the recruitment examination in Army which was organised at B.R.O., Agra on 26.5.1991. In the examination, serious irregularities were committed and wrong procedure was adopted which was not possible without collusion, cooperation and conspiracy of accused-appellants Brig. Jagjit Singh, B.R.O., Agra, Subedar Major Hari Chand and -others. During investigation it was found that in the recruitment/appointment for Soldier, GD Clerk, Store Keeper, Technical, Nursing Assistant, the examination was conducted at Headquarter, Agra in which Brig. Jagjit Singh, B.R.O. and Subedar Major Hari Chand, ARO and other officers were involved. Total 400 question papers in sealed packet were received by B.R.O., Agra from Zonal Office, Lucknow and total 320 candidates appeared. The examination started at 11:30 a.m. and the maximum time allotted for examination was 45 minutes. Jagjit Singh, B.R.O. and Subedar Major Hari Chand, ARO and other officers were involved. Total 400 question papers in sealed packet were received by B.R.O., Agra from Zonal Office, Lucknow and total 320 candidates appeared. The examination started at 11:30 a.m. and the maximum time allotted for examination was 45 minutes. After the completion of the examination, the answer sheets were collected and counted before the Invigilation Board and minutes were drawn on which all the members of Invigilation Board put their signatures at 1:30 p.m. and it was done without insuring the proper sealing of packing of envelope. On the directions of Brig. Jagjit Singh all the answer sheets were brought to his residence. 22 answer sheets were written at his residence from 1:30 p.m. to 8:30 p.m. with dishonest intention to give unfair advantage to 22 candidates including 8 candidates who have filed criminal appeals as mentioned above. The forged answer sheets, which were written at the residence of Brig." Jagjit Singh, were sealed again and delivered to Havaldar/Clerk Veerbhan for depositing the same to the ZRO, Lucknow where the Deputy ZRO received the sealed packet containing forged answer sheets also. When these answer sheets were being evaluated, it was found that the candidates had obtained 97 out of 100 marks and it was also discovered that the hand writings of such candidates were similar. The board declared the result according to merit list and the successful candidates were directed to report in July, 1991. 5. The deputy ZRO visited the B.R.O., Agra on 27.6.1991 and 11.7.1991 and organised a confirmatory test, wherein, the same questions were asked which were asked in the test dated 26.5.1991. 45 candidates appeared in the confirmatory test in which 22 candidates/accused persons were also included. It was found that in the pursuance of a criminal conspiracy between the candidates and the authorities with dishonest intention to obtain unfair and illegal gains, Havaldar/Clerk Ashok Kumar Sharma, Havaldar/Clerk Veerbhan, Usha Bedi and Bharti Bedi found to have written 24 answer sheets. Havaldar/Clerk Ashok Kumar Sharma had written the answer sheets of Ravendra Kumar and Ashutosh Pandey. Haveldar/Clerk Veerbhan had written the answer sheets of Nand Kishore, Charan Singh, Udayveer Singh, Narayan Singh, Brijmohan, Dinesh Chand, Ranjeet Singh, Yogendra Singh, Pramod Kumar, Raj Kumar Gautam, Ramkrishna, Azad singh, Paramjeet Singh, Ram Vilash and Rajesh Kumar Singh. Havaldar/Clerk Ashok Kumar Sharma had written the answer sheets of Ravendra Kumar and Ashutosh Pandey. Haveldar/Clerk Veerbhan had written the answer sheets of Nand Kishore, Charan Singh, Udayveer Singh, Narayan Singh, Brijmohan, Dinesh Chand, Ranjeet Singh, Yogendra Singh, Pramod Kumar, Raj Kumar Gautam, Ramkrishna, Azad singh, Paramjeet Singh, Ram Vilash and Rajesh Kumar Singh. Similarly, Usha Bedi had written the answer-sheets of Dalveer Singh, Dharmendra Singh and Nand Kishore and Bharti Bedi had written the answer sheets of Harendra Singh, Devi Singh, Ramveer Singh and Jaipal Singh. 6. This scam was investigated by C.B.I, and after completing the probe, charge-sheet was submitted for the said offence under Sections 120B, 420/511, 468, 471, I.P.C. and Section 13 (2) read with Section 13 (1) (d), Prevention of Corruption Act against 28 accused persons including the aforesaid accused persons/appellants. The Trial resulted in conviction of all the above mentioned accused-appellants and others. 7. It has been submitted by the learned counsel for the respective accused appellants namely Nand Kishore, Paramjeet Singh, Ravendra Kumar, Ashutosh Pandey, Azad Singh, Pramod Kumar, Ramkrishan and Raj Kumar Gautam that they were only candidates appearing in the said recruitment examination. Learned counsel appearing on behalf of accused-appellant Subedar Major Hari Chand has submitted that he was Invigilator and he has submitted the answer sheets dully packed and sealed in an envelope. Learned counsel appearing on behalf of Brig. Jagjit Singh, it has been submitted that he is at presently aged about 76 years and looking to his age he should be released on bail. Learned counsel for the accused appellants have submitted that the accused persons have been falsely implicated in the present case. It has further been submitted that the entire prosecution story is absolutely false and incorrect and there are material contradictions in prosecution evidence and the learned trial court has acted wrongly and illegally in convicting the accused-appellants. Further submission is that appellants have every hope of success in appeal and they undertake that they will not misuse the liberty of bail and shall remain present before the court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing. Appellants are in jail since 21.12.2018. 8. Appellants are in jail since 21.12.2018. 8. Learned counsel appearing on behalf of C.B.I. has vehemently opposed the prayer of bail and contended that the accused-appellants have been rightly convicted for the offence and there is sufficient evidence on record against them. It has further been submitted that the answer sheets after examination were in sealed condition and when received by ZRO, Lucknow, the seal was intact. The answer sheets were kept in a locked box. During evaluation, it was found that the writing in answer sheets and the writing on verification slips as entered by the candidates were different and such candidates had insured maximum marks and they were also given 100% marks in physical test. Since, the box containing the answer-sheets received by ZRO, Lucknow in sealed condition, it was but obvious that whatever forgery and malpractice took place, it took place only at B.R.O., Agra and the custodian of the answer sheets were Brig. Jagjit Singh, Subedar Major Hari Chand and Havaldar/Clerk Veerbhan and by their signatures, the answer sheets were sealed. It has also been submitted that unless with the collusion and conspiracy of these two accused persons alongwith other eight accused persons, mentioned above, this malpractice could not have taken place and because these eight candidates were the ultimate beneficiaries of all this malpractice, the natural inference is that all of them including Brig. Jagjit Singh, Subedar Major Han Chand and Havaldar/Clerk Veerbhan were conspired in the whole forgery and malpractice to obtain illegal and unfair gains. Therefore, the learned counsel appearing on behalf of C.B.I., has submitted that the bail applications are liable to be rejected. 9. This scam took place in respect of the process of examination and recruitment and selection and appointment in Army. The nature of conspiracy, forgery, cheating and collusion with foul play and corruption for which the accused persons have been convicted is shocking and it has a likely effect to create an inroad in the Army discipline and culture. Such instances, if permitted to happen and any latitude is given by way of easy bail or otherwise, can cause a set back to the Armed Forces and shatter the image of our Army in the eyes of the people of this country. It can diminish the faith and belief of many aspirants interested in joining Army. Such instances, if permitted to happen and any latitude is given by way of easy bail or otherwise, can cause a set back to the Armed Forces and shatter the image of our Army in the eyes of the people of this country. It can diminish the faith and belief of many aspirants interested in joining Army. It can create suspicion regarding the working and recruitment process of the Army. Our Armed forces are synonymous with honour, integrity, loyalty, courage, bravery, commitment, sense of sacrifice, moral values and discipline. They are the real hero and are seen with a lot of respect by the people in the country and abroad. Hence, strong view needs to be adopted so that further incident of such nature may be restricted. 10. It is clear that the offence was committed by a group of individuals, all conspired for some illegal gain and in such cases it is not the individual role but the evil design for such conspiracy is significant. All the accused persons acted and participated equally, but the difference was that Brig. Jagjit Singh, Subedar Major Hari Chand and Havaldar/Clerk Veerbhan were the authorities who were assigned the work of conducting the recruitment process and the ultimate beneficiaries were the eight aforesaid candidates and they cannot escape from the responsibility nor it can be said that they were innocent and they played no role at all. When the matter relates with the Army, it becomes more sensitive as it is necessary to maintain the purity, integrity and discipline of the Armed Forces. The eight candidates have not been able to create an inroad in the recruitment process without any conspiracy with the authorities in charge of recruitment process and all must have been united to obtain illegal gains in terms of monetary gains, appointment or otherwise. The responsibility of all the accused-appellants appear to be equally grave and serious and for which no sympathetic view can be taken. 11. Having regard the arguments advanced on behalf of both the parties and keeping in view the facts and circumstances of the case, at this stage, I do not find sufficient ground to enlarge the accused-appellants namely Brig. Jagjit Singh, Subedar Major Hari Chand, Havaldar/Clerk Veerbhan, Nand Kishore, Paramjeet Singh, Ravendra Kumar, Ashutosh Pandey, Azad Singh, Pramod Kumar, Ramkrishan and Raj Kumar Gautam on bail. 12. Jagjit Singh, Subedar Major Hari Chand, Havaldar/Clerk Veerbhan, Nand Kishore, Paramjeet Singh, Ravendra Kumar, Ashutosh Pandey, Azad Singh, Pramod Kumar, Ramkrishan and Raj Kumar Gautam on bail. 12. Accordingly, the applications for bail filed in the aforesaid respective criminal appeals are rejected. 13. List in due course for final hearing.