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2016 Supreme(Raj) 653
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mahesh Chandra Sharma, J.
Sujan Singh Meena - Petitioner
Versus
State of Rajasthan - Respondent
Cr. Misc. Bail Cancellation Application No. 41 of 2016
Decided On : 28-04-2016
For the Petitioner:Mr. Rajendra Singh Tanwar, Advocate.
For the State : Mr. R.S. Shekhawat, along with Mr. Ramdev Singh, SHO, PS-Suroth present.
For the Respondent:Mr. Ramavtar Meena, Advocate, Mr. Vishnudutt Sharma, Clerk Concerned of the court below present in person.
A bail granted based on a forged court order can be cancelled.
Headnote:
{'KEYWORD': 'BAIL CANCELLATION', 'SUBJECT': 'CANCELLATION OF BAIL ON GROUNDS OF FORGERY AND FABRICATION OF COURT ORDER', 'ACT SECTION LIST': ['SEC. 439 (2) CR.P.C.', 'SEC. 439 CR.PC.']}
Fact of the Case:
Accused Ratan Singh @ Sher Singh obtained bail from the High Court by submitting a forged and fabricated copy of a court order dated 11.2.2016, which stated that 41 cases were pending against him. However, the original order dated 11.2.2016 mentioned that 41 cases were pending against Sher Singh @ Ratan Singh.
Finding of the Court:
The High Court found that the accused had committed fraud by submitting a forged order to obtain bail and that the bail was granted based on the forged order.
Issues: Whether the bail granted to the accused should be cancelled due to the submission of a forged court order.
Ratio Decidendi: The High Court held that the accused had committed fraud by submitting a forged order to obtain bail and that the bail was granted based on the forged order. The court also directed the lodging of an FIR against the person/s who committed the forgery and those involved in the matter.
Final Decision: The High Court allowed the application for cancellation of bail filed by the complainant petitioner and recalled the order dated 4.3.2016 granting bail to the accused.
Mahesh Chandra Sharma, J.
This bail cancellation application has been filed under Sec. 439 (2) Cr.P.C.
2. Brief facts of the case are that an FIR No. 295/2015 was lodged at RS. Suraouth, Karauli for the offences mentioned therein, whereupon the investigation was commenced. During the course of investigation, the accused Ratan Singh @ Sher Singh and Mohammad Anwar were arrested. Thereafter, they jointly moved bail application before the learned court below, which was dismissed on 11.2.2016. Against the aforesaid order one of the accused namely; Mohammad Anwar filed bail application before this Court bearing S.B. Criminal Misc. Bail duplication No. 2360/2016, which was granted by this Court on 18.2.2016. Thereafter, against the same order dated 11.2.2016, accused Ratan Singh @ Sher Singh filed a bail application bearing S.B. Criminal Misc. Bail Application No. 2742/2016 before this Court which was allowed by this Court on 4.3.2016 on terrain conditions, the relevant portion of which is reproduced as under:
3. "Therefore, this bail application is allowed and it is directed that accused petitioner Ratan Singh @ Sher Singh S/o Battu Lal shall be released on bail under Section 439 Cr.PC. in connection with afore-mentioned FIR, provided he furnishes a persona' bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial court with the following conditions
(i) that the accused petitioner will appear before the concerned SHO concerned once in a month till one year for his personal appearance;
(ii) that the concerned SHO shall mark attendance of accused petitioner in Rojnamcha, and if the petitioner fails to appear before the concerned police station, the SHO is directed to inform the PR. The learned PP shall move an application under Sec. 439(2) for cancellation of bail of the petitioner in accordance with law;
(iii) that the concerned trial court or the Magistrate where the bail bonds are submitted by the petitioner shall send the copy of this order to the concerned SHO immediately;
(iv) that the accused petitioner shall appear before the concerned trial court on all subsequent dates of hearing and as and when called upon to do so."
4. Thereafter the instant cancellation bail application has been moved by Sujan Singh on the ground that accused Ratan Singh while moving the bail application before this court, has annexed the copy of forged and fabricated judgment of the court below which has not been issued by the court below on 11.2.2016.
5. Yesterday, this court after this fact came to its knowledge, called the concerned Clerk of the court below, as also the SHO concerned, and passed the detailed order; relevant portion of which is reproduced as under:
^^bl U;k;ky; us bl rF; dks /;ku esa j[krs gq, fd v/khuLFk U;k;ky; ds vkns'k esa izkFkhZ ds f[kykQ izdj.k yfEcr gksus dk vadu ugha gS] vfHk;qDr yEcs le; ls tsy esa gS ,oa lg&vfHkqDr dh tekur Lohdkj dj yh xbZ gSA bl dkj.k bl U;k;ky; ds }kjk foi{kh & vfHk;qDr jruflag mQZ 'ksjflag ds tekur izkFkZuki= dks Lohdkj fd;k x;kA
izkFkhZ ds fo}ku vf/koDrk dk dFku gS fd foi{kh & vfHk;qDr jruflag mQZ 'ksjflag ds fo:) 41 izdj.k ntZ gSa fdUrq foi{kh & vfHk;qDr dh vksj ls bl U;k;ky; ds le{k izLrqr fd;s x;s tekur izkFkZuki= ds lkFk tks v/khuLFk U;k;ky; ds vkns'k fnukad 11-02-2016 dh izekf.kr izfr izLrqr dh xbZ gS mlesa mlds f[kykQ 41 izdj.k ntZ gksus dk vadu ugha gSA mudk dFku gS fd blh vkns'k fnukad 11-02-2016 esa vfHk;qDrx.k dk vig`r O;fDr ls jkthukek gks tkus dk rF; Hkh vafdr fd;k x;k gSA ifjoknh ds fo}ku vf/koDrk us blls bUdkj fd;k gSA
bl U;k;ky; us bl ekeys ls lEcfU/kr iqfyl Hkkjlk/kd vf/kdkjh vkSj lEcfU/kr DydZ dks ryc fd;kA Jh jkensoflag ,l0,p0vks0 iqfyl Fkkuk lwjksB ,oa lEcfU/kr DydZ Jh fo".kqnkl 'kekZ bl U;k;ky; ds le{k mifLFkr gSaA ewy fjdkMZ Hkh eaxok;k x;kA ewy fjdkMZ esa tks vkns'k gS mlesa foi{kh & vfHk;qDr jruflag mQZ 'ksjflag ds f[kykQ 41 eqdnes yafcr gksus dk vadu gSA U;k;ky; dks ;g ns[kdj /kDdk yxk fd foi{kh & vfHk;qDr dh vksj ls v/khuLFk U;k;k
