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2021 Supreme(MP) 25

SHEEL NAGU, ANAND PATHAK
Jitendra Kumar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Tapendra Sharma, Learned Counsel
For the Respondent: Praveen Newaskar, Learned ASGI

JUDGMENT :

1. Heard through video conferencing.

2. This is first application u/s. 438 Cr.P.C. for grant of anticipatory bail by the petitioner.

3. Petitioner apprehends arrest in connection with offence punishable u/Ss. 120-B, 201, 204, 408, 419, 420, 468, 471, 477-A IPC., Ss. 13(2), 13(1)(d) of Prevention of Corruptions Act, 1988 and Ss. 4/3D(1)(2) of M.P. Recognized Examinations Act, 1937 registered as RC2172015S0009 (Crime No. 271/2014) pending before IV Additional Sessions Judge/Special Judge CBI (VYAPAM), (M.P.)

4. Petitioner is a candidate who had vacated the seat allotted to him for some extraneous consideration and thus is alleged with offence of cheating and forgery in M.P. PMT Examination 2011 followed by admission to private college nomenclature as Chirayu Medical College, Bhopal.

5. Learned counsel for CBI Shri Newaskar by filing reply informs that charge-sheet qua petitioner has been filed on 7/1/2021. Reply also reveals that petitioner has cooperated in investigation process as and when summoned by Investigating Agency and therefore custodial interrogation is not required.

6. Moreover, the principle laid down by Apex Court including the case of Siddharam Satlingappa Mhetre

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