Madhya Pradesh High Court
Devendra Kumar Jatav vs Cbi And State Of M.P. on 13 June, 2022
Author: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3359 of 2022
(DEVENDRA KUMAR JATAV Vs CBI AND STATE OF M.P.)
Dated : 13-06-2022
Shri Amitabh Gupta, learned counsel for the appellant.
Shri V.P. Tiwari, learned Government Advocate for the State.
Shri Shirish Sharma, learned counsel for respondent-CBI.
I.A. No.6175/2022 on behalf of appellant-Devendra Kumar Jatav has
been filed for suspension of sentence and grant of bail.
Appellant has been convicted for offence under Section 419 r/w 120-B of
IPC and sentenced to undergo 2 years RI & fine of Rs.1000/-, Section 420 r/w
120-B of IPC and sentenced to undergo 2 years RI & fine of Rs.1000/-,
Section 467 r/w 120-B of IPC and sentenced to undergo 7 years RI & fine of
Rs.3000/-, Section 468 r/w 120-B of IPC and sentenced to undergo 7 years RI
& fine of Rs.1000/-, Section 471 r/w 120-B and sentenced to undergo 7 years
R I & fine of Rs.3000/- and Section 3(D)(1)(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 appellant submitted that Padam Singh Khare and Devendra
Kumar Jatav were candidates, in whose places, Anand Sagar and some other
persons appeared in the examination. Counsel for appellant submitted that no
offence under Section 467, 468 of IPC is made out against the appellant as
document which is said to be forged was not valuable security. At best, offence
against the appellant may be under Section 465 & 471 of IPC. For committing
offences under Section 419, 420 of IPC, appellant has been sentenced to 2
years RI and fine. It is submitted that offence under Section 3(d)(2) r/w Section
4 of MP Recognized Examination Act 1937 is punishable with imprisonment of
2 years RI. On these grounds, counsel for appellant prayed for grant of bail.
Learned Assistant Solicitor General appearing for respondent-CBI
opposed the application filed by appellant for suspension of sentence and it is
submitted by him that admission card 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 appellant as well as counsel for respondents.
A t this stage, considering the facts and circumstances of the case,
appellant is convicted for a fixed term of sentence, OMR mark-sheet and
admission card cannot be said to be a valuable security. Appellant 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, I.A.
No.6175/2022 for suspension of sentence is 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 appellant-
Devendra Kumar Jatav shall remain suspended during the pendency of
this appeal and he shall be released on bail on his furnishing a personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the trial Court, for his
appearance before the Registry on 19.12.2022 and on other dates as may be
fixed in this regard till final disposal of this appeal.
List the matter along with CRA No.4685/2022.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
Digitally signed by SHABANA ANSARI
Date: 2022.06.14 15:12:12 +05'30'
shabana
