BALVEER SINGH 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 him, as he is in custody since 23/11/2014 in connection with Crime No.449/2013 registered at Police Station Jhansi Road, Gwalior for the offences under sections 420, 467, 468, 471, and 120 -B of IPC read with sections 3 and 4 of the MP Recognised Examination Act.

(2.) LEARNED Senior Advocate appearing on behalf of the petitioner, after taking us through the papers placed on record along with the rejection order of the Sessions Court, argued that even if the papers of the charge sheet filed with the police report under section 173 of Cr.P.C. is accepted in their entirety, even then the ingredients of the alleged offences are not made out against the petitioner, as he has been implicated in the case only on the basis of memorandum of the co -accused recorded under section 27 of the Evidence Act. In addition, he argued that in the impugned case, the entire chain of investigation in respect of the petitioner has been complete and all the concerning co -accused relating to the present case have been arrested and, out of them, a student namely Sanjay Avasiya and some other have been released on bail also. He further submitted that charge sheet has also been filed against the present petitioner, thus there is no need to keep him in custody during trial. He further said that the order passed by the Division Bench of Principal Seat of the Court in the matter of Sudhir Sharma Vs. State of MP, has not laid down a good law. Even otherwise, on the basis of such judgment, the petitioner could not be kept in custody for a longer period by way of pre -trial detention and prayed to allow this petition.

(3.) ON the other hand, responding to the aforesaid arguments, Shri Newaskar, learned Deputy Government Advocate for the respondent State submitted that in view of the evidence collected by the investigating agency against the petitioner, submitted with the charge sheet, it is apparent that the petitioner has committed the serious offence of breaking the system of holding the competitive examination of PMT established by the VYAPAM for admission in medical colleges and thereby he has involved in criminal conspiracy to manage the affairs to secure admission for non qualified persons with illegal means in medical course and by such act of the petitioner the genuine students, who appeared in such competitive examination on the basis of their own labour and study have been deprived to get admission in such course at their appropriate age to make their career in medical field. In addition, he said that supplementary investigation in the impugned crime is being carried out by the investigating agency against the co -accused. He also said that the petitioner has managed the affairs to secure admission of two students namely Sanjay Avasiya and Nitin Balke through solver in the alleged medical course and out of such solvers, the solver who appeared at the place of student Nitin Balke has not been arrested till today, so in such premises, chain of investigation in respect of the present petitioner is still incomplete. He further submitted that before making arrest of the solver of such co -accused Nitin Balke, if the petitioner is released on bail then he may prejudice the supplementary investigation of the case and, in such premises, even after filing of the charge sheet, looking to the seriousness of the offence, the petitioner does not deserve for extending the benefit of bail and prayed for dismissal of the petition.