Madhya Pradesh High Court
Satyaveer Kushwah vs The State Of Madhya Pradesh on 4 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11942 of 2023
(SATYAVEER KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 04-12-2023
Shri Divakar Vyas - Advocate for the appellant.
Shri Ravi Choudhary -Advocate for respondent No.2/CBI.
Heard on I.A. No. 19521/2023 which is the first application for
suspension of sentence and grant of bail moved on behalf of the appellant-
Satyaveer Kushwah.
Present appellant stands convicted under Section 120-B, 419 read with
Section 120-B, 420 read with Section 120-B, 467 read with Section 120B, 468
read with Section 120B, 471 read with Section 120B IPC and under Section 4
of M.P. Recognized Examination Act read with Section 120B IPC 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 08.09.2023 passed by Special Judge, CBI & XII
Additional Sessions Judge, District Gwalior (M.P.) in S.C. CBI No.16/2017.
As per prosecution story, an impersonated person had appeared for the
present appellant Satyaveer Kushwah as a candidate in PCRT Examination
conducted in the year 2012. Accordingly, case has been registered against the
appellant alleging that with the connivance and collusion of the appellant, an
impersonated person had taken the examination.
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. Appellant remained in jail for four months.
Further jail incarceration in the company of hardened criminals shall seriously
jeopardize his life and family. He belongs to a poor family. 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.
Learned counsel for respondent/CBI supporting the judgment impugned
submits that complicity of the appellant is at large as apparently with his
knowledge and consent, the impersonated person had taken the examination of
PCRT-2012 on his behalf. The allegations against the appellant have been
established beyond reasonable doubt based on cogent evidence placed on
record, hence, no exception can be taken in the matter of suspension so
sentence.
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 four months'
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. 19521/2023 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.50,000/- (Rupees
Fifty Thousand 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.19521 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
