Sanjay Sharma vs. Central Bureau Of Investigation

HIGH COURT OF MADHYA PRADESH M.Cr.C. No.52537/2018 (Sanjay SharmaVs. CBI)

Gwalior, Dated : 2.7.2019 Per Justice Vivek Agarwal

Shri Abhishek Parashar, learned counsel for the applicant.

Shri Vivek Khedkar, learned counsel for the respondent/CBI.

This is third application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of applicant Sanjay Sharma son of Satyaprakash Sharma seeking bail in connection with Crime No.310/2012 registered at police Station, University, Distt. Gwalior, for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC and Sections 3(d)(1)(2)/4 of the Madhya Pradesh Recognized Examination Act, 1937, only on the ground of custody since 8.1.2018.

Earlier vide order dated 14.9.2018 passed in M.Cr.C.No.35641/2018 we have already considered merits of the case and did not find it to be a fit case to extend the benefit of bail. Merely delay in trial is not a sufficient cause to extend benefit of bail to the applicant as applicant is a party to an organized crime where he acted as an impersonator on behalf of candidate Ajay Sharma in the Police Constable Recruitment

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HIGH COURT OF MADHYA PRADESH M.Cr.C. No.52537/2018 (Sanjay SharmaVs. CBI)

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Test, 2012 held on 30.9.12 at Examination Center at Teresa School, Kampoo, Gwalior, and CBI has already expressed its apprehension that if enlarged on bail, he may abscond or will influence the witnesses and tamper with the documents. In view of such apprehension of CBI, for the present this Court is not inclined to grant benefit of bail to the applicant. Accordingly, application fails and is dismissed.

Judge Judge

(Sanjay Yadav) (Vivek Agarwal)

ms/-

MADHU SOODAN PRASAD 2019.07.04 15:03:38 -07'00'