Manish Rajput vs Central Bureau Of Investigation
2022 Latest Caselaw 5911 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 8054 of 2021
                  (MANISH RAJPUT Vs CENTRAL BUREAU OF INVESTIGATION)

Dated : 22-04-2022
      Shri Ravi Pratap Singh, learned counsel with Shri Vivek Vyas , learned

counsel for the appellant.
      Shri Praveen Newaskar, learned counsel for respondent/CBI.

Heard on I.A.No. 2921/2022, second application for suspension of sentence filed on behalf of the appellant.

The appellant has been convicted under Section 419 r/W 120-B IPC and

sentenced to suffer 3 years R.I. with fine of Rs.500/-, under Section 420 r/W 120- B IPC and sentenced to suffer 3 years with fine of Rs.500/-, under Section 467 r/W 120-B IPC and sentenced to suffer 5 years R.I. with fine of Rs.1000/-, under Section 468 r/W 120-B IPC and sentenced to suffer 3 years R.I. with fine of Rs.500/-, under Section 471 r/W 120-B IPC and sentenced to suffer 5 years' R.I. with fine of Rs.1000/- and under Section 3-D/4 M.P. Recognized Examination Act and sentenced to suffer 1 year's R.I. with fine of Rs.100/- with default stipulation, vide judgment dated 17/12/2021 passed by Special Judge, CBI & IV Additional Session Judge, Gwalior passed in SST No.257/2015.

As per prosecution story, present appellant is alleged to have acted as a middleman striking a deal between the candidate and impersonated person to appear in the entrance test of PMT-2009 on consideration of huge amount.

Accordingly, case has been registered against the appellant. Learned counsel for appellant submits that appellant is innocent and has been falsely implicated for want of material/incriminating material. The conviction is based on surmises and conjectures and suffers from patent perversity. Appellant remained in jail during trial for about 12 months and is in jail from the date of judgment i.e. 17/12/2021 till date. Similarly situated persons involved in the alleged crime have already been extended benefit of suspension of sentence. Looking to the Covid-19 situation, the disposal of appeal will take time, hence, prays for suspension of sentence and grant of bail.

Learned counsel for respondent/CBI supporting the judgement impugned

submits that complicity of the appellant is at large. The allegations against the appellant have been established beyond reasonable doubt based on cogent evidence placed on record, hence, no exception can be taken in the matter of suspension of sentence.

Upon hearing learned counsel for the parties though this Court refrains from commenting upon the rival contention touching merits of the matter but regard being had to the fact that appellant has no criminal antecedents and has already suffered more than 16 months of jail incarceration, hence, in the obtaining facts and circumstances, the appellant is held entitled for suspension of sentence, thus the application deserves to be allowed.

Consequently, I.A. No.2921/2022 is hereby allowed and it is directed that the jail sentence of the appellant shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac Only) with one 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). The appellant is directed to mark his appearance before the Registry of this Court on 30/06/2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the 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 the appellant, the medical examination of appellant 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 or any further test required be undertaken immediately. If not, appellant shall be released on bail in terms of the conditions imposed in this order.

Learned counsel for respondent/CBI is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

Accordingly, the IA stands allowed and disposed of.

Certified copy as per rules.

         (ROHIT ARYA)                               (MILIND RAMESH PHADKE)
            JUDGE                                            JUDGE
 (Dubey)

SUNEE   Digitally signed by SUNEEL DUBEY
        DN: c=IN, o=HIGH COURT OF MADHYA
        PRADESH BENCH GWALIOR, ou=HIGH
        COURT OF MADHYA PRADESH BENCH
        GWALIOR, postalCode=474001, st=Madhya




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        Pradesh,
        2.5.4.20=157244b0239a6fd662b29b00a11f
        c66a5e160f585aa7a92425f380d476b32818
        ,
        pseudonym=046B231C591E29491F36ABD
        156EBF3A713937186,




DUBEY
        serialNumber=4009CAE962958E019ADDF
        04E87EFD5C07FA5D0C38532D550F61B55
        401A275B8C, cn=SUNEEL DUBEY
        Date: 2022.04.22 18:53:42 -07'00'