Madhya Pradesh High Court
Sher Singh Lodhi vs The State Of Madhya Pradesh on 5 June, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6632 of 2023
(SHER SINGH LODHI Vs THE STATE OF MADHYA PRADESH)
Dated : 05-06-2023
Shri Abhishek Parashar- Advocate for the appellant.
Shri A.K. Nirankari- Public Prosecutor for the respondent-State.
Heard on the question of admission.
Appeal being arguable is admitted for final hearing.
Also heard on I.A.No.8833/2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the
appellant.
T h e appellant has been convicted under Section 419 of IPC and
sentenced to undergo RI for 03 years with a fine of Rs.1,000/-, under Section
420 of IPC and sentenced to undergo 04 years' RI with fine of Rs.1,000/-,
under Section 467 of IPC and sentenced to undergo 04 years' RI with fine of
Rs.5,000/-, under Section 468 of IPC and sentenced to undergo 03 years' RI
with fine of Rs.1,000/- and Section 471 of IPC and sentenced to undergo 04
years' RI with fine of Rs.5,000/- and under Section 3/4 of the M.P. Recognized
Examination Act and sentenced to undergo RI for one year with a fine of
Rs.100/- with default stipulations respectively vide judgment of conviction and
order of sentence dated 11.05.2023 passed by XII Additional Sessions
Judge/Special Judge CBI/VYAPAM, District-Gwalior (M.P.) in SC
No.130/2019.
As per prosecution story, the present appellant (student) facilitated his
impersonation in the entrance test of PMT conducted in the year 2012.
Accordingly, case has been registered against the appellant alleging that with the
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Signed by: PAWAN
DHARKAR
Signing time: 6/5/2023
6:15:11 PM
connivance and collusion of the appellant, an impersonated person had
appeared in the examination.
Learned counsel for the appellant submits that appellant is innocent and
has been falsely implicated. The conviction is based on surmises and
conjectures and suffers from patent perversity. Appellant does not have any
criminal antecedent. So far appellant has suffered incarceration for 01 year.
Moreso, the appeal is of the year 2023 and there is no likelihood of early hearing
of this appeal in near future. Under such circumstances, learned counsel prays
for suspension of sentence and grant of bail to the appellant.
Learned counsel for respondent/ State opposes the application
supporting the impugned judgment and submits that complicity of the appellant
is writ at large as apparently with his knowledge and consent, an impersonated
person had appeared on his behalf in the PMT test conducted in the year 2012.
The allegations against the appellant have been established beyond reasonable
doubt based on cogent evidence placed on record and hence, no exception can
be taken in the matter of suspension of sentence to the appellant.
Upon hearing learned counsel for the parties though this Court refrains
from commenting upon the rival contentions touching the merits of the case but
regard being had to the fact that appellant who is a young man of 34 years has
already suffered 01 year's incarceration, in the obtaining facts and
circumstances, appellant is held entitled to the suspension of sentence, and thus
the application deserves to be allowed.
Consequently, I.A.No.8833/2023 is hereby allowed and it is directed
that the jail sentence of the appellant shall remain suspended during pendency of
present appeal and he be released on bail on his furnishing a personal bond in
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the sum of Rs.2,00,000/- (Rupees Two Lacs Only) with one solvent surety in
Signed by: PAWAN
DHARKAR
Signing time: 6/5/2023
6:15:11 PM
the like amount to the satisfaction of the Trial Court subject to verification of
the factum regarding deposit of the fine amount for his appearance before the
Registry of this Court first on 07/08/2023, 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 symptom 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 disposal of this appeal.
(iv) On violation of the conditions, State is free to apply for cancellation
of bail.
Accordingly, 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.
List this appeal for final hearing in due course.
Certified copy as per rules.
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Signed by: PAWAN
DHARKAR
Signing time: 6/5/2023
6:15:11 PM
(ROHIT ARYA) (DWARKA DHISH BANSAL)
V. JUDGE V. JUDGE
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Signed by: PAWAN
DHARKAR
Signing time: 6/5/2023
6:15:11 PM
