Chandrabhusan Morya vs C.B.I.
2022 Latest Caselaw 2296 MP

                                                            1
                                 The High Court Of Madhya Pradesh
                                          CRA No. 6723 of 2021
                                                  (CHANDRABHUSAN MORYA Vs C.B.I.)

                                        CRA/07152/2021, CRA/07153/2021, CRA/07611/2021
                      Jabalpur, Dated : 18-02-2022
                            Mr. Jitendra Arya, learned counsel for appellant in Cr.A.No.6723/2021

                            Mr. Vikas Mahawar, learned counsel for appellants in Cr.A.No.7152-
                      7153/2021.
                            Mr. Amitabh Gupta, learned counsel for appellant in Cr.A.No.7611/2021.
                            Mr. J.K.Jain, learned Assistant Solicitor General for respondent-CBI.

I.A.Nos.19984/2021 on behalf of appellant-Chandrabhusan Morya, I.A.No.21223/2021 on behalf of appellant Devesh Tyagi, I.A.No.21222/2021 on behalf of appellant-Kedarnath Tyagi & I.A.No.22208/2021 on behalf of appellants- Satish & Dhiraj have been filed for suspension of sentence and grant of bail.

Appellants-Chadrabhusan Morya, Devesh Tyagi, Kedarnath Tyagi, Satish & Dhiraj Doneria have been convicted for offence under Section 419 r/w 120B of IPC and sentenced to undergo 2 years RI & fine of Rs.1000/-, 420 r/w 120B of IPC and sentenced to undergo 2 years RI & fine of Rs.1000/-, 467 r/w 120B of IPC and sentenced to undergo 7 years RI & fine of Rs.3000/-, 468 r/w 120B of

IPC and sentenced to undergo 7 years RI & fine of Rs.1000/-, 471 r/w 120B and sentenced to undergo 7 years RI & fine of Rs.3000/- and Section 3(d)(2) r/w 4 of MP Recognized Examination Act 1937 and sentenced to undergo 2 years RI and fine of Rs.1000/- with default stipulations.

Counsel for appellants submitted that appellants-Kedarnath Tyagi, Devesh Tyagi & Dhiraj were candidates, in whose places, some other persons appeared in the examination. It is submitted that Satish was middle man and Chandrabhusan Morya was the person, who was impersonator and appeared in place of Dhiraj Doneria. Counsel for appellants submitted that no offence under Section 467, 468 of IPC is made out against the appellants as document which is said to be forged was not valuable security. At best, offence against the appellants may be under Section 465 & 471 of IPC. For committing offences under Section 419, 420 of Signature SAN Not Verified IPC, appellants have been sentenced to 2 years RI and fine. It is submitted that Digitally signed by NEETI TIWARI offence under Section 3(d)(2) r/w Section 4 of MP Recognized Examination Act Date: 2022.02.18 14:26:57 IST

1937 is punishable with imprisonment of 2 years RI. On these grounds, counsel for appellants prayed for grant of bail.

Mr. J.K.Jain, learned Assistant Solicitor General appearing for respondent- CBI opposed the applications filed by appellants for suspension of sentence and it

is submitted by him that admission cards and OMR mark-sheets were forged, which are valuable security, therefore, it cannot be said that offence will not fall within definition of under Section 467 & 468 of IPC. On these grounds, he made a prayer for rejection of applications for suspension of sentence and grant of bail to the appellants.

Heard learned counsel for appellants as well as counsel for respondent. At this stage, considering the facts and circumstances of the case, appellants are convicted for a fixed term of sentence, OMR mark-sheet and admission card cannot be said to be a valuable security. Appellants may be guilty of offence but not for offence under Sections 467, 468 of IPC.

Considering the same and looking to the period of sentence, applications (I. A . Nos. 1 9 9 8 4 /2 0 2 1 , I.A.No.21223/2021, I.A.No.21222/2021 &

I.A.No.22208/2021) for suspension of sentence are allowed, subject to

depositing fine amount as per the judgment of trial Court, if not already deposited. It is hereby directed that the custodial sentence awarded to the appellants-Chandrabhusan Morya, Devesh Tyagi, Kedarnath Tyagi, Satish & Dhiraj shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court, for their appearance before the Registry on 22.06.2022 and on other dates as may be fixed in this regard till final disposal of this appeal.

C.C. as per rules.

                                                                                     (VISHAL DHAGAT)
Signature Not                                                                             JUDGE
 SAN
Verified
                      nd
Digitally signed by
NEETI TIWARI
Date: 2022.02.18
14:26:57 IST