Krishankant Tyagi @ K.K. Sharma vs Central Bureau Of Investigation
2021 Latest Caselaw 2142 MP

                                         1             Cra.1500.2021

                 The High Court of Madhya Pradesh
                           Cra.1500.2021
             [Krishankant Tyagi @ K.K. Sharma Vs. CBI]
Gwalior dated 07.06.2021

      Shri Brajesh Kumar Tyagi, learned counsel for the appellant.

      Shri Praveen Newaskar, learned Assistant Solicitor General

for respondent/CBI.

Heard through video conferencing.

IA.11809/2021 first application u/Sec. 389(1) Cr.P.C. for

suspension of sentence and grant of bail moved on behalf of

appellant.

This criminal appeal assails the judgment dated 27.02.2021

passed in ST.No.424/2017 by Special Judge CBI (VYAPAM) & IV

Additional Sessions Judge, Gwalior (M.P.) whereby appellant has

been convicted and sentenced as under with default stipulation :-

       Sections             Imprisonment               Fine
120-B IPC               One Year's RI         Rs.100/- with default
                                              stipulation
420/120-B IPC           Three Years' RI       Rs.500/- with default
                                              stipulation
467/120-B IPC           Five Years' RI        Rs.1000/- with
                                              default stipulation
468/120-B IPC           Three Years' RI       Rs.500/- with default
                                              stipulation
471/120-B IPC           Five Years' RI        Rs.1000/- with
                                              default stipulation
4 M.P. Recognized       One Year's RI         Rs.100/- with default
Examination Act                               stipulation

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for

suspension of sentence is made out.

2 Cra.1500.2021

The prosecution story found to be proved is that the appellant

played the role of middleman to arrange for solver to sit in place of

the candidate in recruitment process held for appointment to the post

of constable in police in PCRT 2012 Examination conducted by

VYAPAM.

The appellant is said to be implicated primarily on the

discovery statement u/S.27 Evidence Act of the main accused i.e.

Prem Pal Singh who was the impersonator/solver and was arrested

on the spot.

Considering the fact that the implication of the appellant is

primarily on the basis of statement recorded u/S.27 Evidence Act of

co-convicted person, which is a weak piece of evidence and the fact

that the appellant has suffered about four months' custody period as

against five years' RI inflicted and that there is no likelihood of early

disposal of the present appeal in the near future due to second wave

of Covid-19 pandemic and compelling reason of decongesting the

jail, without entering into the merits of the matter, this Court is

inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

IA.11809/2021 is allowed and it is directed that the jail sentence of

appellant will remain under suspension subject to verification that

the amount of fine has been deposited, on appellant furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two

solvent sureties of the like amount to the satisfaction of concerned

available Magistrate for his appearance before the concerned

available Magistrate on 27.07.2021 and on such further dates as may 3 Cra.1500.2021

be fixed by him which shall be of frequency not less than once a

year.

In case, appellant is found absent on any date fixed by the

concerned available Magistrate then the said Magistrate shall be free

to issue and execute warrant of arrest for securing his presence

without first referring the matter to this Court, provided the Registry

of this Court is kept informed.

The learned concerned available Magistrate and the

prosecution are directed to ensure following of Covid-19

precautionary protocol prescribed from time to time by the Supreme

Court, the Central Govt. and as well as the State Govt. during

release, travel and residence of the appellant during period of

suspension of sentence as a consequence of this order.

In view of above, IA.14586/2021 an application for urgent

hearing during Summer Vacation and IA.7051/2021 an

application for urgent hearing stand disposed of.

A copy of this order be sent to the court below for compliance.

C.c. as per rules.

                                              (Sheel Nagu)                         (Anand Pathak)
                                                Judge                                  Judge
                       pd
        Digitally signed by PAWAN


PAWAN
        DHARKAR
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH
        GWALIOR, ou=HIGH COURT OF


DHARK
        MADHYA PRADESH BENCH
        GWALIOR, postalCode=474011,
        st=Madhya Pradesh,
        2.5.4.20=345b3604d572ed9dd



AR
        1492fe82dc3b1eef67eff2cb59f
        3ac97e920ac264de7828,
        cn=PAWAN DHARKAR
        Date: 2021.06.08 15:48:35
        +05'30'