N.M. Shrivastava 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 437 - When bail may be taken in case of non- bailable offence
Section 439 - Special powers of High Court or Court of Session regarding bail
Section 420 - Cheating and dishonestly inducing delivery of property
Section 120 B - Punishment of criminal conspiracy
Section 376 - Punishment for rape
Section 467 - Forgery of valuable security, will, etc
Section 471 - Using as genuine a forged document
Section 419 - Punishment for cheating by personation
Section 468 - Forgery for purpose of cheating
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
MCRC, 25198 of 2017, Judgment Date: Dec 14, 2017
Law Laid Down -
Criminal proceedings initiated against the petitioners are not for violating the orders passed by the Supreme Court but as a factor to determine conspiracy in scheduling the second counselling for the extended period and permitting the candidates to be admitted on the last date. Thus, fixing of schedule by the petitioners cannot be an honest and bona fide exercise of administrative action but it is shaded with suspicion as it was not modified even when their attention was drawn that late admission will lead to admission of bogus candidates.
The modus operandi and gravity of accusation involving same crime number and almost similar allegations, as discussed in detail in the order passed in MCRC No.24600/2017 (Dr. Divya Kishore Satpathi vs. CBI) and connected petitions, which has led to admission of large number of candidates at the cost of more meritorious candidates in a professional course, is glaring and therefore, for the same and additional reasons coupled with the allegations against the petitioners in the present case, the applications for anticipatory bail are rejected.
N.M. Shrivastava Vs. Central Bureau of Investigation