Pawan Kumar Sharma v. State of M.P.
In the High Court of Madhya Pradesh
MCRC 1406/2015
Before Chief Justice A.M. Khanwilkar and Justice Alok Aradhe
Decided on March 04, 2015

Relevancy of the Case: Bail application in a VYAPAM scam case

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Sections 65, 66)
• The M.P. Recognised Examination Act, 1937 (Section 1, 2, 3, 4)
• The Code of Criminal Procedure, 1973 (Section 437, 438)

Relevant Facts of the Case

• Applicant number 1 communicated with the middlemen and racketeers for making sure that his son gets good grades in the VYAPAM exam. His son is applicant number 2 in the present application.
• The applicants are also identified as accused persons in Crime 539/2013 for a similar offence committed by them in relation to a 2013 VYAPAM exam.
• The applicants have appeared before the Investigating Officer and given their statements. The trial court has found that applicant number 2 does not have direct involvement in the incident.

Opinion of the Bench

• The bench considered it necessary to conduct custodial interrogation for qualitative information. As electronic devices were used, the police can find how the entire act was undertaken.

Final Decision

• The court granted anticipatory bail to applicant number 2 with conditions.
• On the other hand, the court denied granting anticipatory bail to applicant number 1.