Avnish Kumar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14764 MP

                                                                  1


                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE
                                                       CRA No.12110 of 2022
                                         (AVINASH KUMAR SINGH Vs THE STATE OF MADHYA PRADESH)


                           Dated : 08-09-2023
                                    Shri Vivek Singh, learned counsel for the appellants.

                                    Shri Bhuwan Gautam, learned Govt. Advocate for the

                           respondent/State.

Heard on I.A. No.12607/2023, which is repeat third

application for suspension of sentence and grant of bail filed under

section 389 of the Cr.P.C. on behalf of appellant no.1 Avinash Kumar

Singh and appellant no.2 Anoop Dwivedi.

2. First application of appellants were as dismissed as withdrawn

vide order dated 25.01.2023 and thereafter, second bail application of

the appellants were dismissed on merits vide order dated 18.04.2023.

3. The trial Court has convicted the appellants vide judgment of

conviction and order of sentence dated 13.12.2022 passed by the First

Additional Sessions Judge and Special Judge (Vyapam) Indore in S.T.

Case No.114/2014 as under:-

                                          Conviction                               Sentence
                                                                                   Imprisonment in lieu of
                                Session & Act     Imprisonment          Fine
                                                                                           fine
                                419 of the IPC      2 years RI        Rs.1,000/-   2 months Additional RI


Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 08-09-2023
18:33:55




                                465 of the IPC    2 years RI       Rs.500/-     2 months Additional RI
                                467 of the IPC    7 years RI       Rs.3,000/-   6 months Additional RI
                                468 of the IPC    5 years RI       Rs.1,000/-   3 months Additional RI
                            3/4 M.P. Manyata
                             Prapta Pariksha      2 years RI       Rs.1,000/-   3 months Additional RI
                               Adhiniyam

4. Prosecution case, in brief, is that complainant Sanjay Vyas,

Superintendent of Exam, Holkar Science College, Indore filed a

written complaint at P.S., Bhanwar Kuwa that on 19.5.2012 an

entrance exam for Animal Husbandry Diploma was conducted by

VYAPAM, Bhopal. The centre for the said exam was Holkar Science

College, Indore. It is alleged that for the said exam co-accused Ankit

Singh appeared in place of Makhansingh, appellant no.1-Avinash

Kumar Singh appeared in place of Rama Damor, appellant no.2

Anoop Dwivedi appeared for Amir Holkar, co-accused Ejaj Ahmad

appeared in place of Devendra were then caught by the invigilator.

5. Learned counsel for the appellants submit that appellants have

not committed the offence and they have falsely been implicated in the

case. The jail sentence of co-appellants Rama Damor and Ankit Singh

have been suspended by this Court vide order dated 25.08.2023 passed

in Cr.A. No.12073/2022 and Cr.A. No.12310/2022 respectively and

the case of the present appellants are identical with the co-appellants.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 08-09-2023 18:33:55

Therefore, it is prayed that the remaining jail sentence of the

appellants may be suspended and they may be released on bail.

6. On the other hand, learned Govt. Advocate for the

respondent/State has opposed the prayer of the appellants but admitted

that the case of the appellants are similar with co-appellants Rama

Damor and Ankit Singh.

We have heard learned counsel for both the parties and perused

the record.

7. Looking to the facts and circumstances of the case, coupled with

the fact that case of the appellants is similar with the co-appellant

Rama Damor and Ankit Singh therefore, on the basis of similarity

present appellants are also entitled to get similar treatment. Hence,

I.A. No.12607/2023 is allowed and the jail sentence of the appellants

shall remain suspended.

9. It is directed that subject to depositing the fine amount, if

already not deposited, appellant no1-Avinash Kumar Singh and

Appellant no.2 Anoop Dwivedi shall be released on bail, on

furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) each along with separate sureties in the like amount

to the satisfaction of trial Court, for their appearance before the

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Registry of this Court firstly on 30.10.2023, and on such other dates,

as may be fixed by the Registry in this regard, till final disposal of this

appeal.

10. I.A. No.12608/2023 for urgent hearing also stands closed.

11. List for final hearing in due course.

C.C. as per rules.

                                    (S. A. DHARMADHIKARI)               (PRAKASH CHANDRA GUPTA)

                                               JUDGE                                     JUDGE

                           Ajit/-




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 08-09-2023
18:33:55