Vinod Bhandari v. State of Madhya Pradesh
(2015) 1 SCC 502 : (2015) 4 SCC (Cri) 480
In the Supreme Court of India
Crl. App. 220/2015
Before Justice T.S. Thakur and Justice A.K. Goel
Decided on February 04, 2015

Relevancy of the Case: Bail application for the involvement in the infamous Vyapam scam

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 65, 66)
• The Indian Penal Code, 1860 (Section 120B, 420, 467, 468, 471)
• The Code of Criminal Procedure, 1973 (Section 437, 439(1))

Relevant Facts of the Case

• The appellant is one of the accused in the infamous Vyapam scam in Madhya Pradesh. He allegedly conspired with several individuals to help undeserving medical students pass the entrance examination for MBBS admissions.
• The appellant applied for bail before the trial court and the High Court. However, the courts rejected the bail application, citing the reason of seriousness of the offence.
• The custody of the applicant was prolonged for a year. Therefore, he presented an application for bail before this court.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the trial has been prolonged for a year, and there is still no scope for the trial to start in future. Therefore, the court should consider granting bail to the applicant.

Opinion of the Bench

• The detailed investigation of the evidence should be avoided while considering the question of bail. This is to ensure no prejudice on the case’s merits.
• It is the duty of the prosecution and the court to expedite the trial. Speedy trial is a right of the accused and is also in the interest of justice.
• If the circumstances indicate that a grant of bail would influence the trial, the court should not allow the bail application.

Final Decision

• The bench rejected the bail application.