Madhya Pradesh High Court
Ajay Pratap Singh vs Central Bureau Of Investigation on 1 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3294 of 2023
(AJAY PRATAP SINGH Vs CENTRAL BUREAU OF INVESTIGATION)
Dated : 01-05-2023
Shri Abhishek Parashar-Advocate for the appellant.
Shri Ravi Choudhary-Advocate for respondent/CBI.
Heard on I.A. No. 5211/2023 which is the first application for
suspension of sentence and grant of bail moved on behalf of the appellant.
Present appellant stands convicted under Sections 120-B, 420 467, 468
of IPC and under Section 4 of M.P. Recognized Examination Act and
sentenced to undergo 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/- and RI for one year with a fine of
Rs.100/- ,with default stipulations vide judgment of conviction and order of
sentence dated 23.02.2023 passed by Special Judge, CBI & XII Additional
Sessions Judge, District Gwalior (M.P.) in S.T. CBI No.114/2017.
As per prosecution story, an impersonated person had appeared for the
present appellant Ajay Pratap Singh as a candidate in PCRT Examination
conducted in the year 2012. 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
been falsely implicated. The conviction is based on surmises and conjectures
and suffers from patent perversity. Appellant remained in jail for four months.
Undisputedly, co-accused Sonu Rathore has been extended benefit of
suspension of jail sentence vide order dated 16.3.2023 passed in Criminal
Appeal No.2145/2023. 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 2023 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 pendency
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-2012 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 four months'
incarceration, and his case stands at par with that of Sonu Rathore in the matter
of suspension, 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. 5211/2023 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.50,000/- (Rupees
Fifty Thousand Only) with one solvent surety, in the like amount to the
satisfaction of the trial Court and also subject to deposit of the fine amount (if
not already deposited). The appellant is directed to mark his appearance before
the Registry of this Court on 04/07/2023 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.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
Van
VANDANA VERMA
2023.05.01 17:00:52 -07'00'
