Madhya Pradesh High Court
Satyapal vs Central Bureau Of Investigation ... on 9 November, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 9th OF NOVEMBER, 2022
CRIMINAL APPEAL No. 7617 of 2022
(SATYAPAL VS. CENTRAL BUREAU OF INVESTIGATION VYAPAM)
CRIMINAL APPEAL No. 7197 of 2022
(SHAILENDRA KUMAR VS. THE STATE OF MADHYA PRADESH)
CRIMINAL APPEAL No. 6780 of 2022
(SANJAY VS. THE STATE OF M.P.)
CRIMINAL APPEAL No. 6820 of 2022
( AASHISH VS. THE STATE OF MADHYA PRADESH)
ORDER
Shri Surendra Kumar Gupta, learned counsel for the
appellant. (Criminal Appeal No.7617/2022)
Shri Vinay Saraf, Senior Advocate alongwith Vikas Kumar
Soni, learned counsel for the appellant.(Criminal Appeal
No.7197/2022).
Shri Chandra Prakash Purohit, learned counsel for the
appellant.
Shri Rajesh Yadav, learned counsel for the appellant.
(Criminal Appeal No.6820/2022).
Shri Shri Kushal Goyal, learned counsel for the
respondent in all above Criminal Appeals.
Heard on the question of admission.
Admit.
For the sake of convenience, the parties are referred to
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herein as per their status before the trial court.
Heard on I.A. No.11871/2022, I.A. No.11274/2022,
13865/2022, I.A. No.10873/2022 & I.A. No.12472/2022.
The appellant- Satyapal (CRA No.7617/2022), Appellant
Shailendra Kumar (CRA No.7197/2022), Aashish (CRA
No.6820/2022) and Appellant Ravindra (CRA No.6780/2022)
have been convicted and sentenced vide judgment dated
30.07.2022 passed in S.T. No.905/2014 passed by Special Judge,
Central Bureau of Investigation (Vyapam Cases) as under:
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
419 of IPC 2 years R.I. Rs. 1000/- 1 Month R.I.
420 of IPC 3 Years R.I. Rs. 1000/- 2 Months R.I.
467 of IPC 7 years of R.I. Rs.3000/- 6 Months R.I.
468 of IPC 5 years R.I. Rs.1000/- 3 Months R.I.
471 of IPC 7 years R.I. Rs.3000/- 6 Months R.I.
¾ of MP 2 Years R.I. Rs. 1000/- 3 Months R.I.
Recognized
Examination
Act, 1937
Appellant- Sanjay (CRA No.6780/2022) has been
convicted and sentenced as under:
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
419/120-B of 2 Years R.I. Rs. 1,000/- 1 Month R.I.
IPC
420/120-B of 3 Years R.I. Rs. 1,000/- 2 Month R.I.
IPC
467/120-B of 7 Years R.I. Rs. 3,000/- 6 Months R.I.
IPC
468/120-B of 5 Years R.I. Rs. 1,000/- 3 Months R.I.
IPC
471/120-B of 7 Years R.I. Rs. 3,000/- 6 Months R.I.
IPC
As per prosecution story, on 05.01.2009, Dean of Mahatma
Gandhi Memorial, Medical College, Mahesh Kumar Saraswat (PW-
1) submitted a written application (Ex.P/1) to police station
Sanyogitaganj, Indore stating therein that on 25.07.2009 at the time
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of scrutiny of original documents selected candidates who cleared
the PMT examination of year 2009, photographs of two student
Satyapal Kustwaar (Accused No.3) and Ravindra Dulawat (Accused
No.1) pasted in the application of admission and admit card did not
match with their photographs from the internet site of VYAPAM and
from their faces.
Upon written applications, police registered FIR Ex./35 under
section 420, 467, 468 and 471 at Crime No.1203/2009. During the
investigation offences under Section 419, 120-B of IPC and ¾ of
M.P. Recognized Examination Act, 1973 were also added. The
investigation has revealed that in place of Satyapal (accused No.3)
Sailendra Kumar (accused No.6) appeared in the examination and in
place of Ravindra (accused No.1), Aashish Uttam (accused No.5)
appeared in the examination by affixing their photographs in the
examination form and admit card.
In compliance of the order passed by Apex Court in WP
(Civil) No.372/2015, the all the criminal cases registered in the
matter of VYAPAM were transferred to CBI and present case has re-
registered as Crime No.R.C.217/2015/S 0124. The other accused
namely Sanjay (accused No.2, brother of accused No.1) and Ram
priya Das (accused No.4) were on the change of arranging the proxy
students to appear in the examination in order to get accused No.1
and accused No.3 qualifying in the PMT examination.
After completing the investigation, charge-sheet was filed.
The prosecution examined 70 witnesses and exhibited 107 as Ex.
P/1 to Ex. P/107. In defence, the appellants did not examine any
witnesses and exhibited 7 documents as Ex. D/1 to D/7. During the
trial 78 articles were marked at the instance of the prosecution.
Vide judgment dated 30.07.2022, the learned court convicted
the accused No.1, 2, 3, 5 and 6 and sentenced as stated above but the
prosecution has failed to prove the charges against the accused No.4
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Rampriya Das. Hence, this appellant and applications for suspension
of remaining jail sentence.
Shri Saraf, learned counsel for the appellant submits that
the appellant has been convicted only on the basis of report of hand
writing expert. The samples were collected by Mr. Saxena who was
expired during the investigation hence was not produced in the trial
Court. The prosecution has examined Ritesh Dangi (PW-70), to
verify the signature of late Shailendra Sharma, therefore, collection
of all the samples, signature has not been established. Hence,
conviction is bad in law. It is further submitted that the appellant is
not habitual offender. He is in jail almost one year. He never tired to
misuse the bail during the trial. This appeal is of the 2022 and there
is no possibility of early hearing of this appeal in near future. The
entire carrier of the appellant has been spoiled as he could not
pursue his MBBS despite selection.
Other counsels appearing on behalf of other appellants, have
adopted the arguments adduced by Shri Saraf, learned Senior
counsel and submitted that they are also not habitual offender. They
have been wrongly convicted for the offence punishable under
Section 467 and 468 of IPC as they have not forged of valuable
security or documents. So far as under section 419 and 420 and
other offences are concerned, they have already undergone more
than 50% of sentence. The Co-ordinate Bench of this Court has
already suspended the sentence in similar facts and circumstances.
Learned counsel appearing on behalf of CBI opposed the
prayer by submitting that CBI conducted detailed investigation and
found that accused No.1 and 3 got admission in medical college by
way of forgery. In their placed accused No.5 and 6 appeared in the
examination by forging examination card and admit card. There is
no reason to disbelieving the report given by hand writing expert
and scientific officers. The appellants have been convicted under
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Section 467 of IPC and sentenced to undergo 7 years R.I. as they
tried to take right of genuine and deserving candidates by securing
admission by way of forgery, therefore, their applicatio are liable to
be dismissed.
Heard.
After hearing learned counsel for the parties and perusing the
record, we are of the opinion that the the appellants are student and
not the habitual offender. This appeal is of the year of 2022 and
would not come for hearing in near future.
Considering the facts and circumstances of the case, we deem
it proper to suspend the remaining jail sentence of this appellant.
Accordingly, I.A. No.11871/2022, I.A. No.11274/2022,
13865/2022, I.A. No.10873/2022 & I.A. No.12472/2022 are
allowed.
The execution of remaining jail sentence of appellants i.e.
Satyapal, Shailendra Kumar, Sanjay, Ravindra and Aashish are
hereby suspended and it is ordered that the appellants be released on
bail upon their furnishing a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the
like amount to the satisfaction of the trial Court and subject to
depositing the fine amount (if not already deposited) with a further
direction to appear before the concerned Trial Court on 20.12.2022
and also on such other dates, as may be fixed by the concerned trial
Court in this regard during the pendency of this appeal.
List for final hearing in due course.
Certified copy, as per rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
praveen
Digitally signed by PRAVEEN
NAYAK
Date: 2022.11.16 17:23:08
+05'30'
