The gravity of the allegations and the impact of the accused's actions on professional education are crucial factors in determining the eligibility for anticipatory bail.

HEMANT GUPTA, CJ.

1. This order shall dispose of both these petitions for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) being MCRC No.25107/2017 and MCRC No.25158/2017 filed on behalf of the petitioners – Dr. Vijay Kumar Pandya and Dr. Vijay Kumar Ramnani respectively, who apprehend their arrest in connection with Crime No. RC2172015A0025 (formerly STF Crime No.12/2013) registered with Police Station – Central Bureau of Investigation, Bhopal (M.P.) for the offence punishable under Sections 420, 467, 468, 471, 201 read with 120-B of IPC; Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (“PC Act”); Sections 43 read with 66 of the Information Technology Act, 2000 (“IT Act”); and Sections 3-D (1) and (2) and 4 of the M.P. Recognised Examination Act, 1937 (“Act of 1937”) as enumerated in the charge-sheet though in the bail applications the offence mentioned is that under Sections 419, 420, 467, 468, 471, 120-B of IPC; Sections 65 and 66 of the IT Act; Sections 13(1)(d) and 13(2) of the PC Act and Sections 3-D (1) and (2) and 4 of the Act of 1937.

2. Dr. Vijay Kumar Pandya – petitioner in MCRC No.25107/2017 was the Dean of the People's Medical College whereas Dr. Vijay Kumar Ramnani – petitioner in MCRC No.25158/2017 was the member of the Admission Committee of the said Medical College. Both these petitions arise out of the same crime number and almost on similar allegations. The modus operandi has been discussed in detail in a separate order being passed today in MCRC No.24600/2017 (Dr. Divya Kishore Satpathi vs. CBI) and other connected bail applications. However, the additional arguments, as are raised by the petitioners, are being dealt with hereinafter.

3. Learned counsel for the petitioners contends that a Notification dated rd April, 2012 in respect of PMT-2012, Madhya Pradesh Private Medical and Dental Under Graduate Course Entrance Examination Rules, 2012 was published. The argument of the learned senior counsel for the petitioners is that as members of the Admission Committee, the petitioners had only to verify the original documents and are not concerned with the short-listing of the candidates for counselling. Learned counsel refers to a judgment passed by the Supreme Court reported as Joginder Kumar vs. State of U.P. and others, (1994) 4 SCC 260 and an order dated 10.10.2017 passed by the Supreme Court in Criminal Appeal No.1758/2017 (Amar Nath Neogi vs. State of Jharkhand) wherein the appellant, who was more than 65 years of age, was granted benefit of anticipatory bail. The argument of the learned senior counsel is that since Dr. Vijay Kumar Pandya is more than 70 years of age and is suffering from various ailments, he is entitled to concession of anticipatory bail.

4. The Notification referred to by the learned counsel for the petitioners clearly specifies that allotment of a seat to eligible candidate in course and college shall be done by online counselling on merit-cum-option basis. The detailed programme of the counselling was to be advertised later but the schedule for admission process contemplated first counselling by July, 2012, commencement of academic session by 1st August, 2012 and second counselling by August, 2012. Relevant clauses from the notified Rules read as under:-

“10. Declaration of Result:-The Board shall conduct the examination and evaluate the answer sheets. Thereafter, the result will be declared along with the publication of merit list.

The allotment of a seat to eligible candidate in course and college shall be done by online counselling on merit-cum-option basis.

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13. ADMISSION

Candidates who are allotted a subject course and a college by Counselling shall report on the notified date and time to the Dean/Principal of the College concerned.

13.1 The College admission committee consisting of Dean/ Principal, two Professors and at least two Medical Teachers belonging to the reserved cate