Madhya Pradesh High Court
Vishnu Singh Goud vs The State Of Madhya Pradesh on 13 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14642 of 2023
(VISHNU SINGH GOUD AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-12-2023
Shri (Dr.) J.P.Kushwah, learned counsel for the appellants.
Shri A.K.Nirankari, learned PP for the respondent/State.
Heard o n IA. No. 21472/2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellants- Vishnu Singh Goud and Charan Singh Goud.
Appellants 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 08-11-2023 passed by Special Judge (CBI) and XII
Additional Sessions Judge, District Gwalior (M.P.) in ST No.472/2019.
Appellants so far has suffered incarceration of approximately four
months 27 days.
A s per prosecution story, Rajesh Sankhla- Second Commanding
Officer/ Presiding Officer Recruitment Board, Constable (G.D.)-2018 Group
Center Keripubal, Gwalior on 29-08-2019 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 29-08-2019, appellants Vishnu Singh and Charan Singh appeared to take
second part of examination, their bio-matrix and photo did not match and it was
found that in their place some one else appeared in first part of examination.
On the basis of aforesaid, FIR was lodged at Crime No.104/2019 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 472/2019. The Sessions Court upon
due appreciation of the evidence placed on record convicted and sentenced the
present appellants as aforesaid.
It is submitted by learned counsel for the appellants that the appellants
a r e innocent and have falsely been roped in the present case. There are
contradictions in the statements of witnesses. Present appellants have been
convicted on account of the allegation that in the first part of 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.), somebody else appeared in their place.
Appellants have no criminal antecedents. It is submitted that appellants are a
youth of 28 and 29 years respectively and if they are forced to remain in
custody then that will spoil their career. Conclusion of the appeal is likely to
take time. On these grounds, learned counsel for the appellants submits that
they will abide by all the terms and conditions as may be imposed and
accordingly prays that the appellants 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 in first part of the examination
someone else appeared in their place impersonating himself as appellants in the
Constable Recruitment Examination, 2018 and thus they are 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 appellants have suffered about 5 months of
incarceration each and they have no criminal antecedent, in the obtaining facts
and circumstances, jail sentence of the appellants deserves to be suspended
during pendency of the present appeal.
Accordingly, it is directed that the jail sentence of the appellants shall
remain suspended during pendency of the present appeal and they shall be
released on bail subject to verification of the factum of depositing the fine
amount and on their furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac only) each with one solvent surety each of the same amount
to the satisfaction of the Trial Court. They are 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.21472/2023 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) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
JPS/-
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
JAI PRAKASH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR,
2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7
633f4cfb9e38ce14fcbb05b9522a,
SOLANKI
postalCode=474001, st=Madhya Pradesh,
serialNumber=8D6BC1C9FCE36623D0BD6B8072A2
D8C01433EBD48AE4F609F108CA8F8DE6B522,
cn=JAI PRAKASH SOLANKI
Date: 2023.12.13 17:00:42 +05'30'
