Madhya Pradesh High Court
Laxman Singh Jat vs Central Bureau Of Investigation on 20 January, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12566 of 2022
(LAXMAN SINGH JAT Vs CENTRAL BUREAU OF INVESTIGATION)
Dated : 20-01-2023
Shri Abhishek Parashar-Advocate for the appellant.
Shri Ravi Choudhary-Advocate for respondent/CBI.
Heard on I.A. No. 20276/2022 which is the first application for
suspension of sentence and grant of bail moved on behalf of the sole appellant.
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 with default stipulation vide
judgment of conviction and order of sentence dated 23.12.2022 passed by
Special Judge, CBI & XII Additional Sessions Judge, District Gwalior (M.P.) in
S.C. CBI No.01/2019.
As per prosecution story, an impersonated person had appeared for the
present appellant Laxman Singh as a candidate in PCRT Examination
conducted in the year 2013. 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
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/20/2023
6:33:57 PM
been falsely implicated. The conviction is based on surmises and conjectures
and suffers from patent perversity. Appellant remained in jail for two years and
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 2022 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 pendencey 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-2013 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 two years and
four months' incarceration, hence, 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. 20276/2022 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.2,00,000/- (Rupees
Two Lacs Only) with two solvent sureties, out of which one should be local,
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i n the like amount to the satisfaction of the trial Court and also subject to
Signed by: PAWAN
DHARKAR
Signing time: 1/20/2023
6:33:57 PM
deposit of the fine amount (if not already deposited). The appellant is directed
to mark his appearance before the Registry of this Court on 16/02/2023 and on
other subsequent dates as may be fixed in this behalf with following further
conditions:-
(i) Appellant will abide by the terms and conditions of various circulars
and orders issued by the Government of India and the State Government as
well as the local administration from to time in the matter of maintaining social
distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel
Corona virus (COVID-19);
(ii) The concerned Jail Authorities are directed that before releasing
appellant, his medical examination be conducted through the jail doctor and if it
is prima facie found that he is having any symptoms of COVID-19, then the
consequential follow up action including the isolation/quarantine or any further
test required be undertaken immediately.
(iii) Appellant shall mark his attendance before the concerned police
station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon;
(iv) On violation of the conditions, State is free to apply for cancellation
of bail.
Accordingly,the I.A. 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.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/20/2023
6:33:57 PM
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/20/2023
6:33:57 PM
