Madhya Pradesh High Court
Manoj @ Manish Pathak vs C.B.I. / Ac Iv / Bhopal on 4 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13017 of 2023
(MANOJ @ MANISH PATHAK Vs C.B.I. / AC IV / BHOPAL)
Dated : 04-12-2023
Shri Shailendra Singh - Advocate for the appellant.
Shri Raju Sharma -Advocate for respondent/CBI.
Heard on I.A. No. 19476/2023 which is the first application for
suspension of sentence and grant of bail moved on behalf of the appellant-
Manoj alias Manish Pathak.
Present appellant stands convicted under Section 120-B, 419, 420, 467,
468, 471 and under Section 3 (D) (1)(2) of M.P. Recognized Examination Act
and sentenced to undergo RI for three years with a fine of Rs.1,000/-, RI for
three years with a fine of Rs.1,000/-, RI for four years with a fine of Rs.1,000/-,
RI for four years with a fine of Rs.5,000/-, RI for three years with a fine of
Rs.1,000/-, RI for four years with a fine of Rs.5,000/- and RI for one year with
a fine of Rs.100/- ,with default stipulations vide judgment of conviction and
order of sentence dated 29.09.2023 passed by Special Judge, CBI & XII
Additional Sessions Judge, District Gwalior (M.P.) in S.C. CBI No.14/2017.
Present appellant so far has undergone jail sentence of 5 months and 26
days.
A s per prosecution story, in the recruitment test for Constables
conducted by VYAPM in the year 2012, the appellant impersonified himself as
actual candidate Somesh Tomar and appeared in the examination. Thereafter,
the actual candidate was declared successful and provided employment as
Constable. With the passage of time, complaint was received about fraud
played by the present appellant impersonifying himself as actual candidate and
appeared in the entrance/recruitment test. On such complaint, FIR was
registered by Police Station Dehat Bhind. During investigation, incriminating
material was collected and after recording of statements of witnesses, challan
was filed. Thereafter the case was handed over to the C.B.I.. After further
investigation by C.B.I., fresh trial started. The appellant by impugned judgment
stands convicted and sentenced as aforesaid. Almost 11 years period have been
passed ever since FIR was lodged.
Learned counsel for appellant submits that appellant is innocent and has
been falsely implicated. The conviction is based on surmises and conjectures
and suffers from patent perversity. Relevant evidence has been ignored. In the
similar circumstances, this Court has extended benefit of suspension of
sentence to the accused persons. The appeal is of the year 2023 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 during pendency of the present appeal and he may be enlarged on
bail.
Per contra, learned counsel for respondent/CBI opposes the application
by supporting the judgment impugned.
Upon hearing learned counsel for the parties though this Court refrains
from commenting upon the rival contention touching merits of the matter but
regard being had to the fact that appellant has already suffered 5 months and 26
days' incarceration, in the obtaining facts and circumstances, that appellant is
held entitled for suspension of sentence, thus the application deserves to be
allowed.
Consequently, I.A. No. 19476/2023 is hereby allowed and it is directed
that the jail sentence of the appellant shall remain suspended and he be released
on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac Only) with one solvent surety in the like amount to the satisfaction of
the trial Court subject to deposit of the fine amount, (if not already deposited).
The appellant is directed to appear before the Registry of this Court first on 19-
02-2024 and on other dates as may be fixed in this behalf by the Registry till
final disposal of the present criminal appeal.
Accordingly, I.A.No.19476 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
ojha
