[PSI Recruitment Scam] Completion Of Investigation Qua Accused, Not Investigation Of Entire Case Material To Determine Default Bail: J&K High Court

The Jammu & Kashmir and Ladakh High Court on Friday rejected the applications for default bail moved by several accused in the J&K Police Sub-inspector Recruitment Scam, including alleged mastermind Yatin Yadav.

The petitioners had contended that the investigating agency found two sets of conspiracy. They claimed that though it investigated the smaller conspiracy according to which petitioners got access of the question papers and provided the same to beneficiary candidates, however, the larger conspiracy amongst officials of JKSSB, M/S Merittrac Company, the beneficiary candidates and other accused persons, is still underway, therefore, charge sheet presented against the petitioners cannot be termed as a complete charge sheet.

Rejecting this contention, a bench of Justice Rajesh Sekhri said Petitioners have nothing to do with the second conspiracy and in so far as leakage of question paper is concerned, the investigating agency has concluded that petitioners and co-accused have committed offences punishable under Sections 120-B read with 420, 411, 408 and 201 IPC.

"Charge sheet can be said to be complete when it enables the court whether to take or not take cognizance of the offences and if certain facets call for further investigation, it would not render such report other than a final report...completion of investigation relating to offence against the accused and not investigation of case or filing of charge sheet under section 173 Cr.P.C. which would be material for the purpose of determining whether accused is entitled to the grant of statutory bail or not."

On the subject of further investigation, the Court observed,

"The very purpose of Section 173(8) Cr.P.C. is to accumulate any further or other evidence which may be found against the accused already facing trial. It is also clear that if a court takes cognizance and subsequently directs further investigation the same is not implied that investigation of the case was not complete...It is settled law that further investigation of a case is not precluded after the filing of the charge sheet."

In light of these considerations, the bench found the petitions devoid of any merit and accordingly dismissed the same.

Case Title: Yati Yadav Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 183

Click Here To Read/Download Judgment