SATISH MOURYA Vs. STATE OF M.P.

JUDGEMENT

(1.) ON behalf of the petitioner, this petition is preferred under section 439 of the Code of Criminal Procedure for grant of bail to the petitioner as he is in custody since 24/9/2014 in connection with Crime No. 449/2013 registered at Police Station Jhansi Road, Gwalior for the offences under sections 419, 420, 467, 468, 471, 120 -B and 201 of IPC read with sections 3 and 4 of the MP Recognised Examination Act.

(2.) PETITIONER 's counsel after taking us through the papers placed on record along with the impugned rejection order of the Sessions Court argued that the petitioner has been implicated in the matter by fabricating false story, in fact he has not committed any alleged offending act. In continuation, he stated that the petitioner himself did not involve in any manner in the criminal conspiracy to mange the affairs with the association of others to secure admission of Gaurav Choudhary in medical course, through solver in consideration of the alleged sum of Rs. 5 lakhs, and as per allegation, he has not received any commission of Rs. 25,000/ - from such sum. In spite of that by preparing a memorandum of Section 27 of the Evidence Act of the co -accused of the case, he has been falsely implicated in the case only on the basis of such memorandum, while such evidence of the memorandum of section 27 of the Evidence Act being a weak type of evidence could not be a foundation to draw any inference against the petitioner. In continuation, he stated that after holding complete investigation of the impugned crime in respect of the present petitioner, charge sheet has already been filed against him and, in such premises, there is no necessity for the prosecution to keep him in custody, and on extending benefit of bail, he will remain present before the Trial Court whenever his presence is required by such Court.

(3.) ON the other hand, opposing the prayer with the assistance of the case diary, State counsel stated that the petitioner had played role in the alleged scam as middleman and part of the racketeers to manage the affairs to secure seat in the medical course for co -accused Gaurav Choudhary through some solver who at the place of such Gaurav Choudhary appeared in the alleged competitive examination of PMT held by VYAPAM and secured admission of Gaurav Choudhary and consideration of Rs. 5 lakhs was given by such Gaurav Choudhary through Harghyan and Vimal and out of it, the petitioner has received commission of Rs. 25,000/ - in such illegal admission and such thing has been established on record from the memorandum of section 27 of the Evidence Act of co -accused Gaurav Choudhary who stated that aforesaid illegal arrangement to secure his admission was carried out by the petitioner in consideration of Rs. 5 lakhs through the above mentioned racketeers and the middleman, and in such premises, the petitioner has not only committed the offence defined under the books but thereby he has also created a situation in which the bona fide and genuine students who appeared in the alleged competitive examination of PMP on the basis of their own labour and study could not get success at their proper age to make their future in medical field. He stated that besides the evidence of memorandum of section 27 of the Evidence Act, there are some circumstances also collected by the investigating agency and submitted with the police report filed under section 173 of Cr.P.C. with the charge sheet. He further stated that while supplementary investigation against the co -accused is being carried out in the matter, in view of the law laid down by Division Bench No. I of the Principal Seat of this Court in the matter of Sudhir Sharma v. State of MP, unless after carrying out supplementary investigation of the impugned crime against all the concerning accused and charge sheets are filed, the petitioner should not be released on regular bail, otherwise, by his activities, he may prejudice the supplementary investigation of the case and prayed for dismissal of this petition.