Mumbai Sessions Court Rejects Anticipatory Bail Of University Peon Accused In BCom Question Paper Leak Case

Mumbai, May 19: The sessions court has refused to grant anticipatory bail to 36-year-old Sudesh Tukaram Indap, employed as a peon on a temporary basis, for allegedly leaking the Semester VI B.Com Third Year question paper. The prosecution claimed that he was caught in CCTV footage.

Sessions Judge M.B. Oza, while refusing to grant anticipatory bail to Indap, observed that, “He is working as a temporary peon at the University of Mumbai and while the printing work of question papers was going on in the examination control room, applicant/accused secretly took photographs of the question papers of Semester VI B.Com Third Year question paper on his mobile. There is allegation that this accused had done leakage of question papers. There is also allegation that this was taking place at the CDOE examination centre.”

Court cites CCTV footage and seriousness of offence

“The prosecution had relied on the CCTV footage from the CCTV system installed in the CDOE building, which showed this accused used his mobile to take photographs of question papers. The offence is very serious,” the court observed.

Observing the need for further detailed investigation, the court said, “Such leakage in the examination papers causes great damage to education and the merits of the students. There is necessity of full investigation of the offence, all persons who are involved in the offence are established. There is necessity to know how many students have used this leakage and how they contacted this accused and for doing this investigation, custodial interrogation is necessary.”

Complaint filed by university professor

The case was lodged by Professor Shivaji Dhondiram Sargar with the Bandra Kurla Complex police station, claiming that on April 15 he received a letter from Dr Pooja Roundale, Head of the Examination and Evaluation Board of the University of Mumbai, informing him that the Semester VI B.Com Third Year question paper had been leaked at the CDOE examination centre.

Thereafter, the CCTV footage from the system installed in the CDOE building was secured, preserved and checked.

It was claimed that when the CCTV footage was examined, Indap was seen secretly taking photographs of the question papers on his mobile phone while the printing process was going on in the examination control room.

Court rejects defence arguments

On being confronted, Indap allegedly admitted to having leaked the question paper for monetary gains, following which the case was lodged. Indap’s lawyer, while seeking anticipatory bail, claimed that he was innocent and falsely implicated in the present crime.

The applicant also stated that there was a delay of six days in lodging the first information report. The applicant further submitted that his mobile phone had already been seized by the investigating officer and nothing more was required to be recovered from him.

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The applicant also argued that there was no need for custodial interrogation as recovery had already been made. The court, however, rejected his contentions and refused to grant him protection from arrest.

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