Vijay Kumar Bansal vs The State Of Madhya Pradesh
2022 Latest Caselaw 4180 MP

                                        1               CRA. 8129/2021



                   The High Court of Madhya Pradesh
                     Criminal Appeal No. 8129/2021
               (Vijay Kumar Bansal vs. State of MP)


Gwalior dated 25/03/2022
       Shri Abhishek Parashar, learned counsel for the appellant.
       Shri Sanjay Kumar Sharma, learned Public Prosecutor for
respondent/State.

Heard on I.A.No.4473/2022, second application preferred under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Vijay Kumar Bansal.

This appeal has been preferred against the judgment dated 13/12/2021 passed by Tenth Additional Sessions Judge, Gwalior in Sessions Trial No.115/2016, whereby the appellant has been convicted and sentenced as under :

Section      Act              Imprisonment     Fine        Imprisonment
                                                           in lieu of fine
420/120-B    IPC              03 year          3000/-      03 months
467/120-B    IPC              07 years         5000/-      01 year
468/120-B    IPC              05 years         5000/-      06 months
471/120-B    IPC              05 years         5000/-      06 months
-3/4         MP    Recognized 01 year          1000/-      01 month
             Examination Act

As per prosecution case, the appellant, a beneficiary, had filled up the form for competitive examination held on 11.12.2015 for admission in Polytechnic Diploma Course. However, in place of appellant, co-accused Sintu Tyagi had impersonated him and appeared in the examination. The aforesaid impersonation was surfaced on the date of examination itself. Accordingly, the case has been registered. Thereafter, upon completion of the investigation, challan was filed and by impugned judgment appellant has been convicted and sentenced as aforesaid.

2 CRA. 8129/2021

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. The impugned judgment suffers from vice of surmises and conjectures. The findings are perverse.

That apart, the appellant has already suffered jail incarceration for over a period of seven months during trial and three months since the date of judgment, i.e., 13.12.2021. The appellant has no criminal antecedents. He is a young person. Further jail incarceration shall force him to live in the company of hardened criminals and he shall be forced to suffer mental agony. 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, learned Public Prosecutor for the State opposes the application and supported the impugned judgment with submission that the appellant has entered into a conspiracy with co-accused Sintu Tyagi and allowed co-accused Sintu Tyagi to appear in the examination on his behalf for unlawful gain. Hence, no exception can be taken in the matter of suspension of sentence.

Upon hearing learned counsel for the parties, this Court though refrains from commenting upon the merits of the case, however, regard being had to the fact that the appellant is young person and he had already suffered for about ten months' jail incarceration; he has no criminal antecedents, 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 3 CRA. 8129/2021

of this Court on 28/04/2022, 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 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.No. 4473/2022 stands allowed and disposed of.

E-copy/Certified copy as per rules.

                  (Rohit Arya)                                    (Satish Kumar Sharma)
                    Judge                                                  Judge

(yog)



                                  YOGESH
                                  VERMA
                                  2022.03.26
               VALSALA
               VASUDEVAN
               2018.10.26
               15:14:29 -07'00'

                                  13:43:23
                                  +05'30'