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Gauhati High Court, in its order dated June 25, 2021, denied bail to an accused under Sections 120B, 418, 420 IPC, observing that the act of leaking question papers is an organized crime hampering future of our younger generation.

Justice Parthivjyoti Saikia, while rejecting the bail application, observed,

“Question paper leak damages the future of our young generation. This act cannot be compared with the scams involves millions of rupees. Question paper leak is an organized crime. This is an offence against the society at large.”

Referring to settled precedents, the bench summarized considerations of a bail application under Section 439 CrPC, as follows:

(i) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) Nature and gravity of the accusation;

(iii) Severity of the punishment in the event of conviction;

(iv) Danger of the accused absconding or fleeing, if released on bail;

(v) Character, behaviour, means, position and standing of the accused;

(vi) Likelihood of the offence being repeated;

(vii) Reasonable apprehension of the witnesses being influenced; and

(viii) Danger, of course, of justice being thwarted by grant of bail

Court also said that unlike Section 437, application under Section 439(1) CrPC confers a special power; judicial discretion with the High Courts or the Court of Sessions.

Drawing reference to Benjamin Cardozo’s The Nature of the Judicial Process, Court cited,

“Judicial discretion is a discretion which is informed by tradition, methodized by analogy and disciplined by system and subordinated to primordial necessity of order in the social life.”

State Level Police Recruitment Board published an advertisement seeking online application from the eligible candidates for filling up 597 posts of sub inspector in Assam Police.

More than 90,000 candidates filed their applications.

Out of them, about 66,000 candidates downloaded the E-Admit cards for appearing in the examination, but before that, the question papers were leaked and circulated in WhatsApp, as a result of which, the written test was cancelled.

Chairman of the State level Police Recruitment Board lodged FIR.

Upon an investigation Saroj Sarma and Diban Deka were charge-sheeted under Ss. 120B, 418, 420 IPC, and underwent their period in Judicial custody. Following this, the present application under Section 439 CrPC.

Case Title: Saroj Sarma v. State of Assam