V. BHARGAVA, J.

(1) THIS appeal by special leave has been brought up by Bhanwar Singh appellant whose conviction and sentence under Section 409, Indian penal code and Section 5(l)(e) of the Prevention of Corruption Act, 1947, by the Special Judge, Bharatpur, were upheld by the High court of Rajasthan by dismissing his appeal summarily. Since the High court dismissed his appeal summarily, we have in this case to first examine the question whether itwasa fit case for summary dismissal of the appeal and if not whether it would be appropriate to remand this case to the High court for a fresh hear- ing.

(2) SINCE the appeal was dismissed summarily by the High court, the order of that court is not a speaking order and gives no indication of the reasons which led the High court to dismiss the appeal. So far as the judgment of the Special Judge is concerned, on the face of it, it contains matters which, in our opinion, require serious consideration by the High court. The Special Judge did not attach value to the evidence of two witnesses, DW 1 and DW 3 on the ground that they were subordinate to the appellant, but failed to take notice of and consider circumstance that both o