Madhya Pradesh High Court
Jagpal Singh vs Central Bureau Of Investigation on 20 January, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12605 of 2022
(JAGPAL SINGH Vs CENTRAL BUREAU OF INVESTIGATION)
Dated : 20-01-2023
Shri Abhishek Parashar, learned counsel for the appellant.
Shri Raju Sharma, learned counsel for the respondent/ CBI.
Heard on I.A. No. 20318/2022, first application for suspension of
sentence and grant of bail filed on behalf of appellant Jagpal Singh This appeal
has been preferred against the judgment dated 24th December, 2022 passed by
Special Judge CBI and Twelth Additional Sessions Judge, Gwalior in S.T.
No.1800280/2015, whereby appellant has been convicted for the offence
punishable under Section 419 r/w Sec.120-B of IPC and sentenced to undergo
03 year's RI with fine of Rs.1000/-, under Section 420 r/w Section 120-B IPC
and sentenced to undergo 04 years' RI with fine of Rs.1000/-, Section 467 of
IPC and sentenced to undergo 04 years' RI with fine of Rs.5000/-, Section 468
of IPC and sentenced to undergo 03 years' RI with fine of Rs.1000/-, under
Section 471 of IPC and sentenced to undergo 04 years' RI with fine of
Rs.5000/- and under Section 3-D/4 r/w Sec.120-B of the M.P. Recognized
Examination Act and IPC and sentenced to undergo 01 year's RI with fine of
Rs.100/-
As per prosecution story, the appellant is a solver and had impersonated
co-accused Dushyant Singh and had appeared in the PMT Examination, 2010.
Learned Counsel for the appellant submits that the appellant is innocent
and has been falsely implicated. He has no criminal antecedents. The learned
Trial Court has not taken into consideration the relevant evidence placed on
record. The impugned judgment is based on presumptions and assumptions.
Even otherwise, the appellant has suffered 12 months' incarceration. Further jail
incarceration in the company of the hardened criminals shall seriously
jeopardized his life and 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 and he may be enlarged on bail.
Per contra, Shri Raju Sharma, learned counsel for the respondent/CBI
o p p o s es the application and supported the impugned judgment with
submission that the appellant is a solver and had impersonated co-accused
Dushyant Singh and had appeared in the PMT Examination, 2010, therefore, his
complicity in the alleged crime cannot be ruled out hence, no exception can be
taken in the matter of suspension of sentence to the appellant.
Upon hearing learned counsel for the parties, but without commenting
upon rival contentions touching merits of the case, regard being had to the fact
that alleged act of impersonification is of the year 2010 and the impugned
judgment has been passed in the year 2022 at a distance of more than 11 years,
appellant has already suffered incarceration for almost six months and the
appeal is of the year 2022 hence, there is no likelihood of early hearing of the
appeal in near future, this Court is of the view that the application deserves to
be allowed and appellant deserves to be enlarged on bail. It is, accordingly,
directed that execution order of jail sentence of appellant shall remain
suspended during pendency of this appeal and he shall be enlarged on bail
subject to furnishing personal bonds in the sum of Rs.3,00,000/- (Rupees
three Lakhs Only) with one local solvent surety i n the like amount to the
satisfaction of the Trial Court and also subject to verification of the fact
regarding deposit of the fine amount for his appearance before the Registry of
this Court first on 06/03/2023, and on further dates as may be directed by the
Registry in that regard, 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, till conclusion of trial;
(iv) On violation of the conditions, State is free to apply for cancellation
of bail.
Accordingly, I.A. No. 20318/2022 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
ar
ABDUR RAHMAN
2023.01.20
18:25:56 +05'30'
