Arvind Agnihotri vs Central Bureau Of Investigation ...
2022 Latest Caselaw 2980 MP

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                HIGH COURT OF MADHYA PRADESH
 Criminal Appeal No.7539/2021 (Arvind Agnihotri Vs. Central Bureau of Investigation )



Gwalior, Dated : 3.3.2022

       Shri Yadunandan Bansal, learned counsel for the appellant.

       Shri Praveen Newaskar, learned Asstt. Solicitor General for the

respondent-C.B.I.

Heard on I.A.No.33055/2021, first application preferred under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail

on behalf of appellant-Arvind Agnihotri.

This appeal has been preferred against the judgment dated

27/11/2021 passed by Special Judge, (CBI) VYAPAM & IVth

Additional Sessions Judge, District Gwalior (M.P.) in Special Sessions

Case No.258/2015, whereby the appellant has been convicted under

Section 419 r/w section 120-B of IPC and sentenced to undergo three

years rigorous imprisonment with fine of Rs.500/-, under Section 420

of IPC and sentenced to undergo three years rigorous imprisonment

with fine of Rs.500/-, under Section 467 r/w section 120-B of IPC and

sentenced to undergo five years rigorous imprisonment with fine of

Rs.1000/-, under Section 468 r/w section 120-B of IPC and sentenced

to undergo three years rigorous imprisonment with fine of Rs.500/-,

under Section 471 r/w section 120-B of IPC and sentenced to undergo

five years rigorous imprisonment with fine of Rs.1000/- and under

section 4 of Madhya Pradesh Recognized Examinations Act and

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.7539/2021 (Arvind Agnihotri Vs. Central Bureau of Investigation )

sentenced to undergo one year rigorous imprisonment with fine of

Rs.100/-, with default stipulation.

Appellant so far as has undergone sentence for 15 months.

As per prosecution story, in the year of 2009 the appellant had

permitted an impersonated person to take examination on his behalf for

entrance test of PMT academic session 2009-2010. Thereafter the

appellant was declared successful in the entrance test and was

admitted to G.R. Medical College, Gwalior, where he has been

prosecuting his studies. Albeit, from 2009 to 2013 there was no

complaint, however, thereafter on a complaint of mass scale

manipulations & impersonations in the matter of Entrance

Examination of PMT conducted by VYAPAM in the year 2009,

initially FIR was lodged and investigation was undertaken by the SIT.

However, at later stage the entire matter was handed over to C.B.I.

During the course of investigation, it was found that the appellant

himself had not taken the entrance test, instead unidentified

impersonated person had taken the examination. Accordingly, the case

has been registered.

Learned counsel for the appellant submits that appellant is

innocent and has been falsely implicated in the present case. He has no

criminal antecedents. He is a young person. He is prosecuting medical

studies. During the currency of the course session he has been arrested

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.7539/2021 (Arvind Agnihotri Vs. Central Bureau of Investigation )

and is suffering jail incarceration for a period of 15 months. His career

is seriously jeopardized. The allegations are false. So far as the

alleged impersonated person is concerned, he has not been identified.

In any case, further jail incarceration shall seriously jeopardized his

career prospects. Besides in the company of hardened criminals the

medical and physical health of appellant shall also be adversely

affected. The appeal is of the year 2021 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 Praveen Newaskar, learned Asstt. Solicitor

General for the respondent/CBI opposes the application and supported

the impugned judgment with submission that the Court below upon

critical evaluation of the evidence placed on record has reached to

impregnable finding. The appellant has been rusticated by the G.R.

Medical College and not prosecuting studies. However, he fairly

submits that there are no criminal antecedents of the appellant and

alleged impersonated person has not so far apprehended.

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 the appellant is young boy and he had already

undergone 15 months of sentence and appellant has no criminal

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.7539/2021 (Arvind Agnihotri Vs. Central Bureau of Investigation )

antecedents. 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 2021 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.1,00,000/- (Rupees One Lakh 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)

for appearance before the Registry of this Court on 19/04/2022, 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

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.7539/2021 (Arvind Agnihotri Vs. Central Bureau of Investigation )

symptoms of COVID-19, then the consequential follow up action including the 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. E-copy/Certified copy as per rules.

              (Rohit Arya)                                      (Milind Ramesh Phadke)
                 Judge                                                  Judge
Pawar*
     ASHISH PAWAR
     2022.03.04
     14:48:19 +05'30'