In a significant ruling, the Supreme Court of India has set aside the bail granted by the Rajasthan High Court to two accused involved in a public examination fraud case. The apex court, comprising Justice Sanjay Karol and Justice Ahsanuddin Amanullah, overturned the Rajasthan High Court’s decision and directed the accused, Indraj Singh and Salman Khan, to surrender within two weeks.
Background of the Case
The case originates from an FIR registered on February 28, 2024, at the Special Police Station (SOG), District ATS, Rajasthan, against Indraj Singh and Salman Khan. The accused were charged under Sections 419, 420, 467, 468, and 120B of the Indian Penal Code, 1860, along with Sections 3 and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022.
According to the prosecution, the accused had manipulated the Assistant Engineer Civil (Autonomous Governance Department) Competitive Examination-2022 by employing a dummy candidate to appear in place of Indraj Singh. The examination authorities discovered the fraud when discrepancies surfaced in the attendance sheet and admit card photographs. A cheque of ₹10 lakh, allegedly given by Indraj Singh to Salman Khan for facilitating the fraud, was recovered during the investigation.
Legal Proceedings and Arguments
The Additional Sessions Judge, Jaipur, Metropolitan II, initially denied bail to both accused, citing the gravity of the allegations and the potential harm caused to the sanctity of public examinations. However, the Rajasthan High Court, in its judgment dated May 8, 2024, granted bail, reasoning that:
No appointments had been made based on the compromised examination.
There was no conclusive evidence linking Indraj Singh to the act of employing a dummy candidate.
Both accused had no prior criminal records, and the investigation had concluded.
They had already spent nearly two months in custody.
Aggrieved by this decision, the State of Rajasthan, represented by Additional Advocate General Shiv Mangal Sharma, challenged the High Court’s order before the Supreme Court.
Supreme Court’s Observations and Verdict
The Supreme Court, while setting aside the High Court’s order, emphasized the widespread competition for government jobs and the necessity of maintaining public trust in recruitment processes. The court remarked:
“In India, the reality is that there are far more takers of government jobs than there are jobs available. Each act, such as the one allegedly committed by the respondents, represents possible chinks in the faith of the people in the public administration and the executive.”
The bench noted that the trial court had correctly denied bail based on the severity of the crime. It further underscored that while bail principles consider factors like past criminal records and duration of custody, they must not overshadow the primary offense’s impact on society.
“Absolute scrupulousness in the process being followed instills and further rejuvenates the faith of the public in the fact that those who are truly deserving of the positions are the ones who have deservedly been installed to such positions.”
Final Order
The Supreme Court directed the accused to surrender within two weeks. However, it clarified that they may reapply for bail after the examination of key witnesses during the trial. The appeals filed by the Rajasthan government were allowed, effectively sending the accused back into judicial custody.
This verdict underscores the judiciary’s commitment to upholding the integrity of public examinations and deterring fraudulent practices in government recruitment processes.
