- (1.)ON behalf of the applicant, this petition is preferred under section 439 of the Code of Criminal Procedure for grant of bail to the applicant as he is in custody since 12.1.2015 in connection with Crime No.392/2014 registered at Police Station Jhansi Road, Gwalior for the offences under sections 419,420,467,468,471, 120B of lPC and section 3/4 of M.P. Recognized Examinations Act.
(2.)APPLICANT 's counsel after taking us through the rejection order of the Sessions Court, by referring the copy of the charge -sheet filed against the applicant, said that according to the story put forth by the prosecution in the charge -sheet, the applicant has been implicated only on account of giving the huge sum to his son under his demand and persuasion and such son on the basis of such money has managed the illegal affairs through middleman and solver to secure the admission in the medical course by breaking the established system of competitive examination of PMT. In continuation, he said that the applicant is in custody since 12.1.2015 In such premises, he has also suffered more than five months injudicial custody and trial of the case will take sufficient time in its conclusion that may be months together or years together. He also said that mere on account of giving the sum by the applicant to his son under his persuasion, it could not be inferred that the applicant has committed any serious offence or was involved in the alleged serious scam and prayed for extending the benefit of bail to the applicant, by allowing this petition.
(3.)THE aforesaid prayer is opposed by the State counsel with the assistance of case diary as well as the Investigating Officer, saying that looking to the nature of offence and the manner in which it was committed with the assistance of the applicant by his son, according to which the alleged sum was provided by the applicant and on that basis, his son w ith the assistance of other co -accused, has committed the alleged offence and, therefore, the applicant does not deserve for grant of bail and prayed for dismissal of this petition.
Having heard the counsel, keeping in view the arguments advanced, after perusing the case diary, firstly taking into consideration the aforesaid period suffered by the applicant in judicial custody i.e. more than five months along with the nature of the evidence collected by the investigation agency filed with the charge -sheet against the present applicant, without expressing any opinion on the merits of the matter, subject to following terms and conditions, this petition is allowed:

(i) In future, if the presence of the applicant is required by the investigating officer to carry out the supplementary investigation against any of other co -accused, then after obtaining the permission from the competent notified Court if the investigating officer or his senior authorized officer on the basis of such permission calls the applicant to assist in the supplementary investigation, then the applicant in compliance of such direction, shall remain present before the investigating officer whenever and wherever his presence is required.

(ii) The applicant shall also remain present on each and every date of the hearing before the trial Court and assist such Court to hold the trial.