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2025 DAILYLAW 101568 (PNJ)

ROSHAN LAL VASHISHT v. STATE OF HARYANA

CRM-M/52401/2025 · 2025-09-22

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-52401-2025 -1- (153+246) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52401-2025 Date of Decision: 22.09.2025 ROSHAN LAL VASHISHT ... Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Mohit Saroha, Advocate with Mr. Arun Kamra, Advocate and Ms. Dimpy Chillar, Advocate for the petitioner. Mr. T.P. Singh, Sr. DAG, Haryana. **** JASJIT SINGH BEDI, J. CRM-38481-2025 The present application has been filed by the applicant-petitioner for placing on record Annexures P-12 to P-14. For the reasons mentioned in the application, the same is allowed and Annexures P-12 to P-14 are taken on record. CRM-M-52401-2025 The prayer in the present petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.25 dated 15.02.2025 registered under Sections 120-B, 409, 419, 420, 467, 468, 471 IPC and Sections 7-A, 13 of Prevention of Corruption Act (Section 7-A of P.C. Act, 1988 added later on) at Police Station PGIMS, Rohtak, District Rohtak. 2. The brief facts of the prosecution case are that the present case was registered on the complaint of Mr. Rohit, Security Officer, UHS, PGIMS JITESH LAL 2025.09.22 18:36 I attest to the accuracy and integrity of this document CRM-M-52401-2025 -2- Rohtak who alleged that the examination of the MBBS Students in Pt. Bhagwat Dyal Sharma University of Health Sciences, Rohtak, were undertaken in which some students forged the answer sheets and changed them. The scam was carried out by the students in connivance with the employees of Examination Branch and other employees. One complaint in this regard was given by one student to the university, upon which an inquiry committee was formed, which submitted its report to the university on 13.02.2025, in which 24 students were named, who committed the alleged scam/forgeries/fraud. Further 17 employees were also named, who allegedly took part in this fraud including the present petitioner. The report suggested that administrative negligence was involved, leading to the manipulation of the answer sheets. The Enquiry Committee Report pointed to the involvement of officials from the examination center, branch employees, and staff from the service-providing company in this malpractice and the students. The committee confirmed on the basis of the evidence, that the allegations of tampering with the examination answer sheets were correct. The committee verified records of only 30 candidates and others could also examined, if, required by the inquiry Committee. On the basis of this, case bearing FIR No. 25 dated 15.02.2025 under sections 409, 419, 420, 467, 468, 471,120-B of Indian Penal Code and 7-A, 13 P.C. Act, 1988 was registered at Police Station PGIMS Rohtak. During investigation, various accused were arrested in this case after finding sufficient evidence regarding their involvement in the occurrence. JITESH LAL 2025.09.22 18:36 I attest to the accuracy and integrity of this document CRM-M-52401-2025 -3- 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the instant case. Be that as it may, the investigation stands completed. As the petitioner is in custody since 17.02.2025 but none of the 28 prosecution witnesses has been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail moreso when his co- accused namely, Rohit and Khusbhoo have been granted the concession of bail vide order dated 06.08.2025 & 05.09.2025 (Annexures P-9 & P-10). 4. On the other hand, the learned counsel State counsel contends that the petitioner is a Computer Operator and was one of the employees who facilitated the commission of offences in question. Therefore, he is not entitled to the concession of bail. He, however, concedes that the petitioner is in custody since 17.02.2025, that none of the 28 prosecution witnesses has been examined so far and that co-accused Rohit and Khusbhoo have been granted the concession of bail vide order dated 06.08.2025 & 05.09.2025 (Annexures P-9 & P-10). 5. I have heard the learned counsel for the parties. 6. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the Trial. Admittedly, the petitioner is in custody since 17.02.2025 and none of the 28 prosecution witnesses has been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required moreso when his co- JITESH LAL 2025.09.22 18:36 I attest to the accuracy and integrity of this document CRM-M-52401-2025 -4- accused namely, Rohit and Khusbhoo have been granted the concession of bail vide order dated 06.08.2025 & 05.09.2025 (Annexures P-9 & P-10). 7. Thus without commenting on the merits of the case, the present petition is allowed and petitioner-Roshan Lal Vashisht S/o Ramkaran Vashisht is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 8. The petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause. 9. The petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 22.09.2025 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.09.22 18:36 I attest to the accuracy and integrity of this document