-
by Admin
07 May 2024 2:49 AM
In a recent judgment by the High Court of Gujarat, anticipatory bail was denied to an individual accused of forgery in relation to a competitive examination for clerical posts. Honorable Mr. Justice Hasmukh D. Suthar, presiding over the case, concluded that the nature of the offence and the prima facie involvement of the accused were of such severity that granting anticipatory bail could compromise the investigation.
The applicant, Ajayraj @ Vijendrasinh Kirodilal Meena, stood accused of creating forged documents and impersonating another individual in a competitive examination. Despite the defense’s argument highlighting a lack of direct involvement and cooperation for investigation, the court was swayed by the prosecution’s presentation of the case, particularly noting the accused’s evasion since 2016.
Justice Suthar emphasized the importance of maintaining the integrity of academic examinations, citing the case of Director (Studies) vs. Vaibhav Singh Chauhan: “...malpractices in examinations in educational institutions are curbed with an iron hand.” He remarked on the meticulous planning behind the crime, stating, “The present offence is committed very smartly and in a very planned and methodical manner.”
The court held that while the rights to liberty and presumption of innocence are paramount, they must be balanced against the need for a fair investigation and the broader societal interest. The dismissal of the anticipatory bail application underlines the court’s stance on serious crimes and its commitment to uphold the sanctity of the justice system.
The ruling serves as a stern reminder that the legal system stands firm against academic malpractices, safeguarding the diligent efforts of genuine candidates and maintaining the high standards of educational integrity in the country.
Date of Decision: 03 November 2023
AJAYRAJ @ VIJENDRASINH KIRODILAL MEENA VS STATE OF GUJARAT
