Mahendra Sarve vs State Of Madhya Pradesh

This is the first bail application under Section 439 of Cr.P.C. filed by the present applicant, who is in custody since 20.4.2018 in connection with Crime

No.328/2015 registered at Police Station Lalbarra District Balaghat for the offence punishable under Section 420 of IPC.

The case of the present applicant is that he happens to be the Director of Shivaji Group of Education Lalbarra, which was running the D.Ed.

Certificate courses at Balaghat. The students allegation against the applicant is that despite the fact the aforesaid D.Ed. Certificate had no affiliation

so far as the State of Madhya Pradesh is concerned and were of no use to the local students hence, by misrepresenting the students that the course is

recognized by the M.P. Government, took heavy fees from the various students, thus, the applicant has received the fees from the students to the tune

of Rs.70-80 Lakhs by playing fraud with them.

Learned counsel for the applicant has vehemently argued that the applicant is a reputed person and has been falsely implicated in the matter. It is

further submitted that the applicant was legally running the institute in which D.Ed. Certificate was being given, as the applicant’s institute was

affiliated with GLORIOLE GLOBAL EDUVERSITY which has the certificate of partnership with Karnataka State Open University.

Learned counsel for the applicant has further submitted that even during the investigation, this fact regarding the affiliation of the applicant's institute

has also been verified by the prosecution and it is found that it was affiliated with Karnataka State Open University through GLORIOLE GLOBAL

EDUVERSITY, and thus it is submitted that with the malafide intentions of the applicant’s rival group the aforesaid FIR has been lodged against

him. It is further submitted that the applicant is in jail since 20.4.2018 and the charge sheet has already been filed, and no recovery or discovery has to

be made at his instance.

Learned counsel for the applicant has further submitted that in WP No.14919/2016 (Shivaji Group of Education Vs. Union of India & others) and

other analogous writ petitions filed by various education groups, a detailed order has been passed by this Court on 15.2.2017, wherein it is observed as

under:-

“27. In view of the aforesaid admitted and undisputed facts, we are of the considered opinion that the prayer of the petitioners to the effect that the

petitioner institutions be permitted to continue to impart the courses and the petitioner students be permitted to participate in the examination for

D.El.Ed. and B.Ed. Courses and that their result be directed to be declared, cannot be acceded to or allowed in view of the statutory provisions of

NCTE Act and the Regulations framed thereunder, the notification of the UGC dated 16.06.2015, the lack of recognition to the centres run by the

petitioners and the decisions of the Supreme Court in the case of Professor Yashpal (supra) and Adarsh Shiksha Mahavidyalaya and others Vs.

Subhash Rahangdale and others (2012) 2 SCC 425 and a series of decisions of the Supreme Court to the same effect, we are of the considered

opinion that in view of the aforesaid legal position and the statutory provisions of law that have been interpreted by the Supreme Court in the

aforementioned decisions, proceedings initiated by the respondents/authorities against the petitioners institutions after conducting enquiry also cannot

be interfered with as the same are in accordance with law.

In the light of the above discussions,we find no merits in the petitions which are accordingly dismissed.

It is however made clear that the petitioners institutions, the students and all other concerned would be at liberty to initiate proceedings for

compensation or to file a criminal case against the authorities or the persons concerned and in case they do so the authority would be obliged to deal

with the same in accordance with law.â€​

(emphasis supplied)

Thus, relying upon the aforementioned judgment the counsel's further contention is that the applicant is not the proper person to initiate action as the

applicant himself is a victim and that is why the aforesaid writ petition was filed at the instance of the applicant.

On the other hand learned counsel for the State has opposed the prayer of the applicant and has submitted that the applicant was involved in large

scale fraud, as despite the fact that his institute was affiliated with Karnataka State Open University which could not have given the certificate of

D.Ed. Valid for M.P., he knew right from the beginning that the D.Ed. Course-cumCertificate would be of no use to the students in Madhya Pradesh,

as the aforesaid certificate is not recognized by the State of Madhya Pradesh. It is further submitted that the Collector Balaghat has also verified the

aforesaid fact and it is found that the said institute has no affiliation in the State of Madhya Pradesh, and as such the certificate issued in this behalf

would also have no value.

Heard the learned counsel for the parties and perused the record.

From the record, this Court finds that despite the fact that the applicant’s institute was affiliated to Karnataka State Open University through

GLORIOLE GLOBAL EDUVERSITY, its courses were not recognized by the State Government of Madhya Pradesh and had no value for the

students of Madhya Pradesh. Thus, it is a case where the applicant has duped the gullible students whose parents have also invested their hard earned

money in the said course hopeful that it would get them employment in the state of M.P. A close perusal of the record reveals that the Collector

Balaghat, in this letter dated 09.08.2016 issued to the Sun-divisional Officer, Waraseoni, District Balaghat for lodging of FIR against the Shivaji Group

of Education has clearly mentioned that the DEd course of the said institute is not recognized by the State of M.P. Hence the same is no valid in this

State. In such circumstances, it was incumbent upon the applicant to apprise all the students of the status of the certificate issued by his institute but

instead the fees was received from the poor students on the pretext of granting valid certificate.

So far as the order dated 15.2.2017 passed by the Division Bench of this Court in the case of Shivaji Group of Education (supra) is concerned, it is of

no help to the applicant at this stage but on the contrary, it allows the student also to resort to the criminal complaint.

In view of the aforesaid, no case for bail is made out by the applicant, however, under the facts and circumstances of the case where the efforts

should be made to secure the amount defrauded from the students, hence when the charge sheet has already been filed and the final conclusion of the

trial is likely to take sufficiently long time, the bail application may be allowed subject to the applicant’s depositing Rs.50 lakhs (Rupees fifty lakhs)

in the trial court, which shall be subject to the final decision of the trial Court.

Thus, if applicant Mahendra Sarve deposits the aforesaid sum before the trial Court, then he be released on bail on his furnishing a bond in sum of

Rs.1,00,000/- (Rupees one lakh only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on

the dates given by the Court.

Apart from the above mentioned conditions, the applicant shall further abide by the following conditions:-

“(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the

accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(ii) that the applicant shall not leave India without the previous permission of the Court; and

(iii) that the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which she is

suspected.â€​

With the aforesaid, the present application filed under Section 439 of Cr.P.C. is hereby disposed.

Certified copy as per rules.