Madhya Pradesh High Court
Jitendra Singh Morya vs The State Of Madhya Pradesh on 21 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14613 of 2023
(JITENDRA SINGH MORYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 21-12-2023
Shri Prashant Goyal - Advocate for the appellant.
Shri Ravi Choudhary - Advocate for respondent/ CBI.
Heard on IA. No. 21410 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole
appellant-Jitendra Singh Morya.
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 120-B of IPC
and sentenced to undergo 03 years' RI with fine of Rs.1000/-, Section 420 r/w
120-B of IPC and sentenced to undergo 04 years' RI with fine of Rs.1000/-,
Section 467 r/w 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/-, Section 471 r/w 120-B of IPC and
sentenced to undergo 04 years' RI with fine of Rs.5000/- and Section 3(d)(1)(2)
of M.P. Recognized Examination Act, 1937 corresponding Section 4 r/w
Section 120 of IPC and sentenced to undergo 01 year RI with fine of Rs.100/-
vide judgment of conviction and order of sentence dated 07-11-2023 passed by
Special Judge CBI and XII Additional Sessions Judge, Gwalior in SC CBI
No.19/2017.
Appellant so far has suffered incarceration of two years and one month
as submitted by learned counsel for the appellant.
Allegations against the present appellant Jitendra Morya is that One Amit
Sachan had appeared in his place as impersonator in the examination conducted
by the VYAPAM, Bhopal for recruitment of Police Constable, 2012 . On the
basis of aforesaid FIR was lodged against the present appellant and later on,
case was transferred to CBI. Upon completion of the investigation, the case
was committed for trial to the Sessions Court. 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. Appellant is a young
man with no criminal antecedents. If appellant further continuous to be in jail to
complete the jail sentence in the company of harden criminals, he shall suffer
mental agony and physical distress. More so, the appeal is of the year 2023 and
there is no likelihood of early hearing of the appeal and appellant so far has
suffered incarceration of two years and one month. Under such circumstances,
learned counsel prays for 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 allegations against the present
appellant are serious as in his place one Amit Sachan had appeared in the
examination conducted by VYAPAM, Bhopal for recruitment of Police
Constable, 2012 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 two years and one month
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.21410 of 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
2023.12.22 12:31:33
+05'30'
