Mumbai: The Bombay high court recently refused to release on bail a clerk of K J Somaiya College of Arts and Commerce in Ghatkopar (E), who was booked along with nine others for forging marksheets and school leaving certificates for 2024-25 FYJC admissions.“Such acts are likely to affect the future of aspiring candidates. The entire level playing field is disturbed, playing havoc with students’ lives and careers, making this a serious offence,” said Justice Neela Gokhale on Sept 30.On Dec 16, 2024, Tilak Nagar police registered an FIR against the clerk, Santosh Sathe, under Bharatiya Nyaya Sanhita for cheating, forgery and criminal conspiracy, and under Information Technology Act for identity theft and cheating by personation using a computer resource.The complaint was lodged by principal Kishan Pawar that certain employees, including clerks, and others connived to fabricate and forge marksheets that were used for procuring admissions. Sathe’s role was based on a parent’s statement that he, along with a staff member Raju, took Rs 1.7 lakh from him. Sathe was arrested on Dec 27. On April 7, the sessions court rejected his bail application.In HC, Sathe’s advocate Balwant Salunkhe urged bail for him on parity with the five co-accused, who were granted bail by the sessions court. He argued that no money was recovered from Sathe, there is no material to show his complicity in the offence, and till date, no charge has been framed.Prosecutor Anamika Malhotra argued that the offence is of serious nature as eligible students were deprived of admission. She said there is no similarity of role attributed to those released on bail with Sathe, hence, the principle of parity cannot be invoked in the matter. She informed that charges are likely to be framed and trial may commence soon.After hearing both sides, Justice Gokhale said, “Admittedly, the offence of a serious nature.” On the merits of the case, she noted that the trial court while granting an accused bail specifically observed that he was not an employee. Another co-accused withdrew his bail application after HC was disinclined to grant it. “In fact, his role is of a lesser degree than that of the present applicant,” she added.Considering the totality of the circumstances, Justice Gokhale concluded: “This is not a fit case for grant of bail.” Rejecting Sathe’s bail application, she made it clear the observations made are “prima facie and confined to the application” and the trial court shall decide the case “on its own merits…” Since Sathe has been incarcerated since Dec 2024, “the trial court is requested to expedite the trial”.
