Madhya Pradesh High Court
Pramod Kumar Gupta vs Cbi Police Station on 16 October, 2019
1 MCRC-37582-2019
The High Court Of Madhya Pradesh
MCRC-37582-2019
(PRAMOD KUMAR GUPTA Vs CBI POLICE STATION)
Jabalpur, Dated : 16-10-2019
Shri Amitabh Gupta, learned counsel for the applicant.
Shri J.K. Jain, learned Assistant Solicitor General for the
respondent/CBI.
With consent of learned counsel for the parties, the matter is finally heard.
T h e applicant is being prosecuted for offences punishable under Sections 417, 419, 420, 467, 468, 471, 120B of IPC and Section 3(D)(1)(2) (4) of the Madhya Pradesh Recognized Examinations Act, 1937 vide Crime No.217/2015 S 007 registered by CBI.
Allegation against the applicant, as per prosecution, is that the applicant acted as an impersonator in place of one Nagendra Singh in PMT 2010 and secured a seat in Gandhi Medical College.
It is urged that the applicant is a Doctor by profession and is falsely implicated. It is contended that during investigation, the applicant cooperated with the CBI. It is also the contention that the applicant surrendered on 29.08.2019 and since then he is in custody. It is contended that there is no likelihood of the trial being concluded in near future, and there being no possibility of the applicant fleeing away from justice and is not an habitual offender. It is also the contention that the applicant is ready to abide by all directions. On these contentions, the applicant seeks bail. Reliance is placed on the decisions in Sanjay Chandra vs. CBI AIR 2012 SC 830 and State of Rajasthan vs. Balchand AIR 1977 SC 2447 to substantiate the contention that the bail and not the jail is the basic rule of criminal jurisprudence. The applicant has also placed reliance on the order passed in MCrC No.33038/2019 (Devendra Kumar vs CBI) who has been granted bail in other crime number.
The respondent-CBI has opposed the bail application. It is urged that Digitally signed by VINOD VISHWAKARMA Date: 17/10/2019 22:39:45 2 MCRC-37582-2019 initially the case was registered against 28 candidates who had taken admission in Gandhi Medical College, Bhopal. Later on, 18 more candidates were added, taking the total number of the accused candidates to 46. Investigation revealed that the applicant in pursuance of criminal conspiracy with co-accused persons in the instant case, appeared in PMT 2010 examination in place of the candidate Nagendra Singh. It is submitted that accused candidate Nagendra Singh was arrested by local police and was charge-sheeted by local police on 13.03.2015 on the basis of mismatch of his thumb impression with the questioned thumb impression available on the OMR Answer Sheet of the said candidate. It is submitted that impersonator of the candidate Nagendra Singh was identified as Pramod Kumar Gupt by CBI during investigation. His specimen thumb impressions were taken and sent to FPB, SCRB, Bhopal and the fingerprint expert confirmed that the questioned thumb impression available on the OMR answer sheet of the accused candidate Nagendra Singh is identical with the specimen thumb impression of the impersonator Pramod Kumar Gupt. It is submitted that the allegations against the present applicant were full established during investigation with cogent evidence and a police report under Section 173(8) CrPC has been submitted by CBI against him in learned Court of ACJM and Special Magistrate for CBI, Vyapam Cases, Bhopal on 17.05.2019 under Sections 120-B read with 419, 420, 467, 468 and 471 of IPC and Section 3(D)(1)(2)/4 of MPRE Act, 1937. It is contended that the applicant did not attend the Court of Special Judicial Magistrate, Vyapam Cases, Bhopal on 17.05.2019 deliberately despite serving notice by CBI for his appearance in the aforesaid Court intimating that the supplementary charge sheet was being filed against him on the said date. It is further submitted that learned Court of AC JM & Special Magistrate, Bhopal was pleased to issue non-bailable warrant of his arrest and production before it. Several attempts were made by CBI to execute the arrest warrant but he could not be traced at his known place of stay. The family members of the applicant had also denied giving any Digitally signed by VINOD VISHWAKARMA Date: 17/10/2019 22:39:45 3 MCRC-37582-2019 information about the warrantee. Later on, he surrendered before the Court on 29.08.2019 from where he was sent to judicial custody. It is also submitted that the applicant intentionally and deliberately impersonated himself from the illegal selection of an incompetent person thereby depriving deserving candidate of his lawful right to get admission in the Medical College. On these submissions, the respondent seeks dismissal of bail application.
Considered rival submissions.
The role ascribed to the applicant is that of impersonator and the offence committed besides being serious in nature has been prima facie effected in an organized manner, as would attract the principle of law laid down in Sanjay Chandra (supra) and Balchand (supra). Evidently, the applicant remained absconded from the date of filing of charge-sheet on 17.05.2019 and surrendered only on 29.08.2019. Thus, there is possibility of his not co-operating in smooth conduction of trial. In view of these facts, the applicant does not deserve to be enlarged on bail.
Consequently, the application fails and is dismissed. However, the trial Court is directed to expedite the trial.
(SANJAY YADAV) (VIJAY KUMAR SHUKLA)
ACTING CHIEF JUSTICE JUDGE
vinod
Digitally signed by VINOD
VISHWAKARMA
Date: 17/10/2019 22:39:45