Madhya Pradesh High Court
Deepak Prajapati vs Central Bureau Of Investigation on 18 February, 2022
Author: Rohit Arya
THE HIGH COURT OF MADHYA PRADESH
1
Cr.A. 386/2022
(DEEPAK PRAJAPATI VS THE CENTRAL BUREAU OF INVESTIGATION)
Gwalior, Dated : 18/02/2022
Shri Abhishek Parashar, learned counsel for the appellant.
Shri Praveen Kumar Newaskar, learned counsel for the
respondent/CBI.
Heard on I.A. No. 714/2022, 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
31/12/2021 passed by Special Judge, CBI & IVth Additional
Sessions Judge, District Gwalior (M.P.) in S.C. CBI No. 22/2017,
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 of 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.
As per prosecution story, the solver namely Rajesh Prasad
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
THE HIGH COURT OF MADHYA PRADESH
Cr.A. 386/2022
(DEEPAK PRAJAPATI VS THE CENTRAL BUREAU OF INVESTIGATION)
criminal case has been registered against him.
Learned counsel for the appellant submits that appellant is an
innocent person and has been falsely implicated in the present case.
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 two 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
Rajesh Prasad 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
THE HIGH COURT OF MADHYA PRADESH
Cr.A. 386/2022
(DEEPAK PRAJAPATI VS THE CENTRAL BUREAU OF INVESTIGATION)
year 2021 at a distance of more than 11 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 12/04/2022, 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
THE HIGH COURT OF MADHYA PRADESH
Cr.A. 386/2022
(DEEPAK PRAJAPATI VS THE CENTRAL BUREAU OF INVESTIGATION)
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.
Certified copy as per rules.
(Rohit Arya) (Satish Kumar Sharma)
JUDGE JUDGE
Durgekar*
SANJAY
Digitally signed by SANJAY NAMDEORAO
DURGEKAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
NAMDEOR
OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
2.5.4.20=afa4701a2661e1fb7720c022ffc2776
08ce55ba67f3594a641181b9ae8448e58,
AO
pseudonym=DA26B82C5BC4CAF69072CA5A
13CA996C4169AB06,
serialNumber=1190D1488DBA862FB108ED6
6262DC2DC2CB9D310D73128B3A6E7B046F
DURGEKAR
CF28227, cn=SANJAY NAMDEORAO
DURGEKAR
Date: 2022.02.18 19:00:31 +05'30'
