Madhya Pradesh High Court
Shivnarayan Jatav vs The State Of Madhya Pradesh on 11 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14624 of 2023
(SHIVNARAYAN JATAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 11-12-2023
Shri Abhishek Parasar - Advocate for the appellant.
Ms. Anjali Gyanani - Public Prosecutor for the respondent-State.
Heard o n IA. No. 22200/2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole
appellant-Shivnarayan Jatav.
Appellant stood convicted under Sections 120-B of IPC and sentenced
to undergo 03 years' RI with fine of Rs.1000/-, Section 419 r/w Section 120-B
of IPC and sentenced to undergo 03 years' RI with fine of Rs.1000/-, Section
420 r/w Section 120-B of IPC and sentenced to undergo 04 years' RI with fine
of Rs.1000/-, Section 467 r/w Section 120-B of IPC and sentenced to undergo
04 years' RI with fine of Rs.5000/-, Section 468 r/w Section 120-B of IPC and
sentenced to undergo 03 years' RI with fine of Rs.1000/- and Section 468 r/w
Section 120-B of IPC and sentenced to undergo 04 years' RI with fine of
Rs.5000/- with default stipulations respectively vide judgment of conviction and
order of sentence dated 03-11-2023 passed by Special Judge (CBI) and XII
Additional Sessions Judge, District Gwalior (M.P.) in ST No.470/2019.
Appellant so far has suffered incarceration of four months.
A s per prosecution story, Rajesh Sankhla- Second Commanding
Officer/ Presiding Officer Recruitment Board, Constable (G.D.)-2018 Group
Center Keripubal, Gwalior on 27-08-2019 made a complaint to the police
station, Panihar alleging that after clearing in the first phase of examination of
Constable in Central Armed Force (G.D.), (C.A.P.F), (N.I.A) and (S.S.F.) and
Rayfalmen (G.D.) in Asam Rayfals (A.R.) Exmaination -2018, examination of
those candidates who had been selected was conducted from 13-08-2019 to 31-
08-2019 at Group Center, Keripubal, AB Road Nayagaon, Gwalior Campus.
On 27-08-2019, present appellant was caught during examination while
impersonating as one Satish. On the basis of aforesaid, FIR was lodged at
Crime No.103/2019 at Police Station Panihar for the offence punishable under
Section 120-B, 419, 420, 465, 467 and 468 of IPC. After investigation, charge-
sheet was filed before the JMFC, Ambah, District Gwalior wherefrom the case
was committed to the Sessions Court which was registered as 470/2019. The
Sessions Court upon due appreciation of the evidence placed on record
convicted and sentenced the present appellant as aforesaid.
It is submitted by learned counsel for the appellant that the appellant is
innocent and has falsely been roped in the present case. There are
contradictions in the statements of witnesses. Present appellant has been
convicted on account of the allegation that in the examination which was being
conducted to select Constable in Central Armed Force (G.D.), (C.A.P.F),
(N.I.A) and (S.S.F.), he appeared in place of one Satish (co-accused).
Appellant has no criminal antecedents. It is submitted that appellant is a youth
of 36 years and if he is forced to remain in custody then that will spoil his
career. Conclusion of the appeal is likely to take time. On these grounds,
learned counsel for the appellant submits that he will abide by all the terms and
conditions as may be imposed and accordingly prays that the appellant may be
extended the benefit of suspension of sentence and grant of bail.
Per contra, learned counsel appearing on behalf of the respondent-State
opposed the application while supporting the impugned judgment of conviction
and order of sentence with submission that the present appellant has acted in
capacity of the impersonator in the Constable Recruitment Examination, 2018
and thus he is not entitled to receive the benefit of suspension of sentence and
grant of bail.
Upon hearing learned counsel for the rival parties, without commenting
upon the contentions so advanced touching the merits of the case, but regard
being had to the fact that appellant has suffered 04 months' incarceration and he
has no criminal antecedent, in the obtaining facts and circumstances, jail
sentence of the appellant deserves to be suspended during pendency of the
present appeal.
Accordingly, it is directed that the jail sentence of the appellant shall
remain suspended during pendency of the present appeal and he shall be
released on bail subject to verification of the factum of depositing the fine
amount and on his furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac only) with one solvent surety of the same amount to the
satisfaction of the Trial Court. He is directed to appear before the Registry of
this Court first on 22-03-2024 and on other subsequent dates as may be fixed
in this behalf.
In case of violation of conditions, State is free to apply for cancellation
of bail.
Accordingly, IA. No.22200/2023 stands allowed and closed.
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
vc
VARSHA
CHATURVEDI
2023.12.12
11:11:24 +05'30'
