Madhya Pradesh High Court
Laxmikant Sharma vs The State Of Madhya Pradesh Through Cbi on 12 August, 2015
1 M.Cr.C.Nos.12383/14, 13902/14, 6623/15, 6624/15, 7490/15, 7491/15, 7955/15, 10900/15, 15113/14, 15331/14, 16017/14, 4843/15 ,7982/15, 10937/15, 10966/15, 7659/15, 9457/15, 10096/15, 13401/15, 6188/15, 4680/15, 4680/15, 8642/15, 11321/15, 13289/15, 6078/15, 6085/15, 8948/15, 8403/15, 9998/15, 10550/15, 8624/15, 8790/15, 8879/15, 12930/15, 8902/15, 9516/15, 9555/15, 9934/15, 10052/15, 10157/15, 10724/15, 10188/15, 10650/15, 10691/15, 10809/15, 10857/15, 10995/15, 11029/15, 11074/15, 11315/15, 11367/15, 11399/15, 11416/15, 11417/15, 11466/15, 11496/15, 11541/15, 11567/15, 11659/15, 11672/15, 11683/15, 11738/15, 11891/15, 11896/15, 11934/15, 12076/15, 12749/15, 12812/15, 12815/15, 12924/15, 12968/15 & 13531/15 12.08.2015
Parties through their counsel.
In pursuance to the order dated 10/08/15 Shri Agrawal, Additional Director, CBI who is In-Charge of Vyapam Scam cases is present in person.
On our request Shri Ravish Agrawal, learned Advocate General and Shri P.K. Kaurav, learned Additional Advocate General are also present.
It has been stated by Shri Agrawal, Additional Director, CBI that in compliance of the direction issued by the Supreme Court the process of transfer of investigation of criminal cases has been started. As per the procedure, new FIRs are being re-registered by the CBI. After such registration of the new FIRs by the CBI the case records alongwith the case diaries pertaining to the investigation till date will be taken over from the STF. Till date 74 FIR have been registered by the CBI, which were pending investigation / further investigation 2 with STF/SIT of Madhya Pradesh Police. After registration of the aforesaid FIRs the case records alongwith the case diaries of the cases have been taken over by the CBI in 18 cases. The process for transferring the case records in the remaining cases is on going and may take few weeks. He has apprised that the next date of hearing in the matter before the Supreme Court is 24/08/15. He stated that since the CBI is yet to take over the cases and has yet not appointed the standing counsel / special Public Prosecutor. The CBI presently is not in a position to contest the bail application before this Court, as also before the trial Court till the process of appointing the standing counsel and taking over the cases is complete, which also according to him would take few more weeks. He submits that the CBI has requested the Office of Advocate General of Government of Madhya Pradesh to advise the Pubic Prosecutor of Government of Madhya Pradesh to continue to appear in the concerned Courts, which are yet to be taken over by the CBI with case records and the case diaries and till the standing counsel / special Public Prosecutors are appointed by the CBI. He stated that this request has also been made by the CBI to the Chief Secretary of Government of Madhya Pradesh vide letter dated 12/08/15.
Shri Ravish Agrawal, learned Advocate General and Shri P.K. Kaurav, learned Additional Advocate General have stated that they will have no objection to appear in the matters, but in view of the orders passed by the Supreme Court from time to time unless specific directions are issued by the CBI or by the Supreme Court, it would not be proper for the Government Advocates / Public Prosecutors of the State of Madhya Pradesh to appear in the matters, as it may create controversy either way.
3Shri P.K. Kaurav, learned Additional Advocate General has referred his letter dated 10/08/15 addressed to Additional Director General of Madhya Pradesh, S.T.F., Bhopal in this regard.
On the other hand learned counsel appearing for the applicants have stated that the applicants are in jail since long and as such their applications deserve early consideration. They however stated that in case the time is to be granted to the CBI and to the STF/State Government to decide the line of action amongst themselves and for handing over and taking over the files and cases, as also the appointment of Public Prosecutors, some early date for hearing these bail matters be fixed.
Having regard to the aforesaid, we expect the CBI and the Office of the Advocate General of the State of Madhya Pradesh to convene a joint meeting and to decide the line of action for appearing before the trial Court as also before the High Court in the bail matters. Office of the Advocate General may also consider to provide assistance to the Assistant Solicitor General / Public Prosecutors of the CBI till the process of appointment of the Public Prosecutors by CBI is complete. They may also seek appropriate orders / directions from the Supreme Court, if so advised.
It will also be necessary for the CBI, Assistant Solicitor General / Public Prosecutor of the CBI as also the Government Advocates appearing on behalf of STF to make a statement before this Court in these bail matters whether investigation of the crime as was done by the STF is complete or not, whether the links or the co- accused persons have been arrested, whether custodial interrogation of the applicant would be necessary in future investigation or not. This is necessary because in case the applicant(s) have remained in 4 custody for long time, the status of investigation against them and filing of the charge-sheet in the Court are to be ascertained. In case custodial interrogation immediately is not necessary, whether the CBI would require the custody of the applicant for further investigation or not. This is necessary because in that event this Court may consider grant of interim bail to the applicant till the taking over of the investigation by the CBI.
Keeping in view the prayer made on behalf of the CBI, we defer the hearing of these matters up to 01/09/2015.
List on 01/09/2015.
(Shantanu Kemkar) (K. K. Trivedi)
JUDGE JUDGE
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