Madhya Pradesh High Court
Ashutosh vs The State Of Madhya Pradesh on 21 April, 2016
M.Cr.C.No.3263/2016
21.04.2016
Shri S.K.Vyas, learned senior counsel with Shri
L.S.Chandiramani, learned counsel for the applicant.
Shri Sudhanshu Vyas, learned P.L., for the
respondent/State.
Shri Sunil Gupta, learned counsel for the Objector. This is first bail application filed by the applicant under section 439 of the Cr.P.C., before this Court for grant of bail.
Case diary is available.
The present applicant was arrested by the Police Station Mahidpur, District Ujjain in connection with Crime No.279/2015 for the offence punishable under sections 420,468,471/34 of IPC.
The present applicant-Ashutosh Chhajlani is a Director of MPS Academy, Ujjain. It is alleged that he gave admissions to 22 students in class IX and X, without having recognition from CBSE Board. This application is filed on the ground that process for obtaining necessary recognition from CBSE is under process and if he is arrested and taken into custody, the process of seeking recognition from CBSE will suffer. He also submitted that result was not declared by CBSE, as the school could not be inspected by the Inspection Team. Four times inspection team was formed however, due to some reasons, the school could not be inspected and for want of such inspection, result of the students could not be declared.
Arguments heard, perused the case diary. Learned counsel for the Objector opposes the bail application on the ground that from the very inception the applicant had intention to cheat. He knew that the school did not have a valid recognition from CBSE and still he gave admissions to various students. He filed a letter from District Education Officer dated 23.07.2015 in which also it was found that the present applicant was cheating the students. According to him, the syllabus was of CBSE, while he gave mark sheet from M.P. Board.
Learned counsel for the State further submits that the seals of CBSE was found from the premises of the School though he did not have the necessary recognition and therefore, using the seals of CBSE amounts to forgery.
In response learned counsel for the applicant submits that the applicant has been arrested. Charge sheet has been filed in this case. Investigation is already over and his presence is not required. He further submits that the case is based on documentary evidence and no benefit would arise if the present applicant is kept in custody. He also submits that students had been studying in his school upto Class IX and to accommodate them he continued the classes. He has been continuously trying to obtain recognition from the Central Board of Secondary Education.
After considering the facts and circumstances of the case in totality, without commenting on the merits of the case, I am of the view that it is a fit case for grant of bail. The application filed under section 439 of the Cr.P.C. is allowed on the condition that on being released on bail the present applicant shall co-operate in the trial of the case and will not admit more students in his school unless necessary recognition is obtained from the Central Board of Secondary Education.
It is directed that subject to the aforesaid condition the applicant shall be released on bail on his furnishing a personal bond of Rs.75,000/- (Rs. Seventy Five Thousand only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial.
He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.
( ALOK VERMA) JUDGE RJ/