VINOD TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 439(2) of the Code of Criminal Procedure, 1973 (for short 'the Code') for cancellation of blanket order of bail passed under Section 438 of the Code by Shri Ram Pal Singh, J. (since retired) as the non-applicant No. 2 apprehended his arrest for several accusations under Section 319 and 420 of the Indian Penal Code. The application for cancellation of blanket order of bail was heard by Mr. Justice G.C. Gupta (as he then was), who vide order dated 11-1-1991 cancelled the blanket order of bail. Non applicant No. 2 approached the Supreme Court. The Supreme Court disposed of the Criminal Appeal No. 698 of 1991 arising out of SLP (Cri.) No. 706/91, vide order dated 12th November, 1991 setting aside order of cancellation of bail and remitted the case for reconsideration by this Court with a direction that the application for cancellation of bail he assigned by learned Chief Justice to Senior most Judge available in the High Court (Mr. Justice Ram Singh, since retired) for disposing of the application expeditiously. For one reason or the other, the matter could not be heard. Lastly Hon'ble the Acting Chief Justice vide order dated 17-7-1995 assigned the case of this Court for hearing and that is how the matter has come before this Court for hearing.

(2.) Facts giving rise to this case are these. Non applicant No. 2 Dr. Harish Verma who is the President of Kamla Nehru Education Society, a Society registered under the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973, set up a Medical College, known as Kamla Nehru Medical College for M.B.B.S. degree course of which a prospectus (document No. VI) for the session 1990-91 was issued prescribing the tution fees for full M.B.B.S. Course as Rs. 60,000/- payable in installments of Rs. 20,000/- each for every term. In addition to that, hostel fees Rs. 10,000/- for 10 months was fixed. Prospectus forms were made available on payment of Rs. 50/-. Establishing or Setting up of a Medical Institution without prior permission of the State Government under Section 3 of the Madhya Pradesh Chikitsiya Shiksha Sanstha (Niyantran) Adhiniyam, 1973 (for short 'the Adhiniyam') is an offence under Section 8 of the Adhiniyam. The Medical Institution set up was not affiliated with the Rani Durgawati Vishwa Vidyalaya, Jabalpur nor the Institution so set up was recognised for grant of the medical qualification by the Medical Council of India under the provisions of (The Indian) Medical Council Act, 1956 (for short 'the Act').

(3.) However, the Medical College so set up and started was advertised in National and local news papers inviting application forms for admission. The petitioners allege that on the basis of the advertisement, about 616 students purchased the prospectus and applied for admission. When it became known that running of the College is contrary to law and the students have been cheated, a few students lodged a complaint. One such complaint was lodged by one Shardanand of Bombay. On that a case was registered under Section 419, 420 of the Indian Penal Code at Crime No. 210 of 1988 at Police Station Civil Lines, Jabalpur. On that non-applicant No. 2 was arrested on 27-9-1983 but was released by the police on bail on furnishing a surety in the sum of Rs. 10,000/- on anticipatory bail granted by the Sessions Judge, Jahalpur in Misc. Cr. Case No. 1665/88 vide order dated 19-8-1988. Non-applicant No. 2 apprehending that several such cases will be registered against him and he may be arrested in those cases, filed an application for anticipatory bail in this Court which was the subject matter of Misc. Cr. Case. No. 2827/88. He also filed two other Misc. Cr. Cases Viz. No. 2796/88 and No. 3311/88. The said Misc. Cr. Case came up for hearing before Shri Rampal Singh, J. (since retired), who passed the following orders.