Madhya Pradesh High Court
Dilip Kannoje vs Central Bureau Of Investigation on 8 February, 2022
Author: Rohit Arya
1
The High Court Of Madhya Pradesh
CRA No. 8043 of 2021
(DILIP KANNOJE Vs CENTRAL BUREAU OF INVESTIGATION)
Gwalior, Dated : 08-02-2022
Heard through Video Conferencing.
Shri Abhishek Parashar, learned counsel for the appellant.
Shri Praveen Newaskar, learned counsel for respondent/CBI.
Heard on I.A.No.33699/2021, first 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 2 years' R.I. with fine
of Rs.500/- 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, an impersonated person had appeared for
the present appellant Dilip Kannoje as a candidate in the entrance test of
PMT-2009. Accordingly, case has been registered against the appellant
alleging that with the connivance and collusion of the appellant, an
impersonated person had taken the examination.
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 is a young boy having no criminal antecedents.
Appellant remained in jail during trial for 12 months and 7 days 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 judgment
impugned submits that complicity of the appellant is at large as apparently
with his knowledge and consent, the impersonated person had taken the
examination of PMT-2009 on his behalf. 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 so 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 is a young boy who has no criminal
antecedents and has already suffered more than 15 months of jail
incarceration, hence, in the obtaining facts and circumstances, that appellant
is held entitled for suspension of sentence, thus the application deserves to be
allowed.
Consequently, I.A. No.33699/2021 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 05/05/2022 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) (SATISH KUMAR SHARMA)
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,
L
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29b00a
11fc66a5e160f585aa7a92425f380d476
b32818,
pseudonym=046B231C591E29491F36A
BD156EBF3A713937186,
DUBEY
serialNumber=4009CAE962958E019AD
DF04E87EFD5C07FA5D0C38532D550F6
1B55401A275B8C, cn=SUNEEL DUBEY
Date: 2022.02.09 10:51:47 -08'00'
