Shobhan Singh Khanka Vs. State of Jharkhand
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Head Note
The Code of Criminal Procedure, 1973 - Section 438 , Prevention of Corruption Act,1988 - Section 13 (2) , Indian Penal Code,1860 - Section 420 , Section 468 , Section 471
Anticipatory bail granted - In corruption case - Accused was a member of Interview Board of Public Service Commission - Allegation that Chairman and members of Board conspired and highest marks given to some candidates for gain and manipulated the answer sheets for gain - Accused was expert member of the Board and had excellent academic carrier (M.Com., (Gold Medallist) and holder of 5 Ph.Ds.) - 13 years experience as Dean in the School of Management Studies - Visiting Professor in other foreign countries - It is also pointed out that the appellant has been a regular expert of selection committees of - UGC, AICTE, ICSSR and other Universities - Considering his academic qualifications and experience and taking note of his claim that of an impeccable career as academician - Anticipatory bail granted to accused though all other accused were denied the bail.
The Code of Criminal Procedure, 1973 - Section 438 (2)
Pre-arrest bail - The following factors have to be considered - (i) The nature and gravity of the accusation; (ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) The possibility of the applicant to flee from justice; and (iv) Whether the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested.
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