Dr. Divya Kishore Satpathi Vs. Central Bureau of Investigation
PREVENTION OF CORRUPTION ACT, 1988
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 438 - Direction for grant of bail to person apprehending arrest
Section 439 - Special powers of High Court or Court of Session regarding bail
Section 21 - Protection of life and personal liberty
Section 420 - Cheating and dishonestly inducing delivery of property
Section 120 B - Punishment of criminal conspiracy
Section 467 - Forgery of valuable security, will, etc
Section 471 - Using as genuine a forged document
Section 409 - Criminal breach of trust by public servant, or by banker, merchant or agent
Section 419 - Punishment for cheating by personation
Section 468 - Forgery for purpose of cheating
Prevention of Money Laundering Act, 2002
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
MCRC, 24600 of 2017, Judgment Date: Dec 14, 2017
Law Laid Down -
The action or inaction of the petitioners, who were running the medical colleges has denied admission to the large number of more meritorious candidates, who were, in fact, entitled to admission and thus, leading to their frustration. The entire process would be antithesis of the rule that the students should be admitted only on merit. The petitioners may not be an accused of taking life of a person but if the allegations are proved, they cannot commit more heinous crime than of playing with the life of young students. It would be a case of mass killing of the career of numerous students. Thus, seriousness of the allegations and gravity of the accusation against the petitioners is glaring and having wide ramifications on the cause of professional education in the State. Hence, the petitioners are not entitled to concession of pre-arrest bail under Section 438 of Cr.PC.
Reliance is placed upon the Supreme Court judgment reported as (2011) 1 SCC 694 (Siddharam Satlingappa Mhetre vs. State of Maharashtra and others).
Dr. Divya Kishore Satpathi Vs. Central Bureau of Investigation