Avadhesh Kumar vs Central Bureau Of Investigation
2022 Latest Caselaw 5368 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                              CRA No. 2297 of 2022
                  (AVADHESH KUMAR Vs CENTRAL BUREAU OF INVESTIGATION)

Dated : 12-04-2022
       Shri Abhishek Parashar, learned counsel for the appellant.

       Shri Praveen Newskar, learned Assistant Solicitor General for the
respondent/ CBI.

Record perused.

Admit.

Heard on I.A. No. 4040/2022, first application for suspension of sentence

and grant of bail filed on behalf of the sole appellant. This appeal has been preferred against the judgment dated 28/02/2022 passed by Special Judge, CBI & IVth Additional Sessions Judge, District Gwalior (M.P.) in S.C. CBI No. 09/2017, whereby the appellant has been convicted under Section 120-B of IPC and sentenced to undergo one year imprisonment with fine of Rs.100/-, under Section 419 r/w section 120-B of IPC and sentenced to undergo three years imprisonment with fine of Rs.500/-, under Section 420 r/w section 120-B of IPC and sentenced to undergo three years imprisonment with fine of Rs.500/-, under Section 467 r/w section 120-B of IPC and sentenced to undergo five years imprisonment with fine

o f Rs.1,000/-, under Section 468 r/w section 120-B of IPC and sentenced to undergo three years imprisonment with fine of Rs.500/-, under Section 471 r/w section 120-B of IPC and sentenced to undergo five years imprisonment with fine of Rs.1,000/-, under Section 3-D/ 4 of Madhya Pradesh Recognized Examinations Act and sentenced to undergo one year imprisonment with fine of Rs.100/- with default stipulation.

A s per prosecution story, the solver namely Pradeep Kumar had impersonated the appellant and had appeared in the PMT examination conducted in the year 2010, who was arrested in the examination hall. Thereafter, the appellant was apprehended and a criminal case has been registered against him.

Learned Counsel for the appellant submits that the appellant is innocent and has been falsely implicated. He has no criminal antecedents. The learned Trial Judge has not taken into consideration the relevant evidence placed on record. The

impugned judgment is based on presumptions and assumptions. Even otherwise, the appellant had undergone for almost one and half months jail incarceration. Further jail incarceration in the company of with the hardened criminals shall seriously jeopardized his life and family. He belongs to a poor family. The appeal

is of the year 2022 and there is no likelihood of early hearing of the appeal in near future. On these grounds, learned counsel prays that execution of the jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, Shri Newaskar, learned counsel for the respondent/CBI opposes the application and supported the impugned judgment with submission that the solver namely Pradeep Kumar had impersonated the appellant and had appeared in the PMT examination conducted in the year 2010, who was arrested in the examination hall, hence, there is no illegality in the impugned judgment. Therefore, no exception can be taken in the matter.

Upon hearing learned counsel for the parties, but without commenting upon rival contentions touching merits of the case, regard being had to the fact that alleged act of impersonification is of the year 2010 and the impugned judgment has been passed in the year 2022 at a distance of more than 12 years. The appellant is a young boy. At this stage, if appellant is made to suffer further jail incarceration then the same will jeopardized his future. The appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future. This Court is of the view that the application deserves to be allowed. It is, accordingly, directed that execution order of jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.3,00,000/- (Rupees three Lakhs Only) with one local solvent surety in the like amount to the satisfaction of the Trial Court and also subject to deposit of the fine amount (if not already deposited) for appearance before the Registry of this Court on 21/06/2022, and on further dates as may be directed by the Registry in that regard, with following further conditions:

(i) Appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus

(COVID-19);

( ii) The concerned Jail Authorities are directed that before releasing appellant, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately.

(iii) Appellant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon;

(iv) On violation of the conditions, State is free to apply for cancellation of bail.

Accordingly, I.A. stands allowed and disposed of.

List for final hearing in due course.

Certified copy as per rules.

     (ROHIT ARYA)                                                          (MILIND RAMESH PHADKE)
        JUDGE                                                                       JUDGE

ar


ABDUR
           Digitally signed by ABDUR RAHMAN

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc1

RAHMAN 33f1b56faa63e77b, pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342048 B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2022.04.13 11:05:29 +05'30'