RAMESH CHANDER SINGH Vs. HIGH COURT OF ALLAHABAD

JUDGEMENT

(1.) The appellant is a judicial officer in the State of Uttar Pradesh. He joined the Provincial Civil Service (Judicial) in the year 1976 and in May 1994 he was promoted to the Higher Judicial Service and posted as Addl. District & Sessions Judge at Jhansi. A crime No. 180 of 1995 registered by the Police Station at Nawabad was committed to the Sessions Court at Jhansi and allotted to the appellant s court for trial and disposal. There were three accused in that case, namely, Ram Pal, Raghunath and Rajendra. The crime related to an incident which happened on 22.5.1995. The allegation in the First Information Report was that accused Ram Pal and Raghunath used fire-arms and shot dead Pratap Yadubir Singh and Devendra Pipraiya within the compound of District Panchayat Bhawan at Jhansi. The Police registered the case for the offences punishable under Ss. 302, 307 read with Sec. 34 of the Indian Penal Code. Accused Rajendra was granted bail on 19.8.1995.The second accused, Raghunath, who allegedly used the fire-arm and killed one of the victims, was also granted bail on 20.9.1995 by the High Court. Accused Ram Pal continued to be in custody and moved his first bail application on 17.11.1995 which was dismissed by the Sessions Judge, Jhansi. On 11.4.1996, accused Ram Pal moved another bail application and the same was dismissed for default. In the third application, which came up for consideration before the second Addl. Sessions Judge, Jhansi, accused Ram Pal contended that he had no criminal history and that the Executive Magistrate (Tehsildar) who recorded the dying declaration used to reside in the house of the deceased Pratap Yadubir and because of his acquaintance with the deceased, the dying declaration recorded by him was not to be given much credence. Accused Ram Pal further contended that he was a local resident and there was no likelihood of he being absconding. The Sessions Judge dismissed the bail application on 15.5.1996. In the fourth bail application, moved by accused Ram Pal on 19.6.1996, he contended that he was a student; he had surrendered before the Chief Judicial Magistrate, Jhansi, on 8.6.1995; had been in custody for more than one year and that his co-accused had been released on bail. He pleaded that his father was seriously ill and in support of this contention, he produced a medical certificate from a Professor of Medical College at Jhansi to show that his father had suffered a heart-attack on 16.5.1996. By an order passed on 22.6.1996, the appellant herein granted bail to accused Ram Pal. The main reasons attributed by the appellant for granting bail to accused Ram Pal were that the charge sheet had been filed by the police; the accused had stated that his father was dangerously ill; the accused was a student; and that the accused had no previous conviction or involvement in any criminal case. The appellant also observed in the bail order that the Tehsildar who recorded the dying declaration was a close acquaintance of the deceased. Considering the totality of the circumstances and as there was no likelihood of the accused absconding or interfering with the trial of the case influencing the witnesses or committing any fresh offence, the bail application was allowed by the appellant.

(2.) It may also be noticed that when the bail application of the accused came up on 22.6.1996, the appellant noticed that the brother of the defacto complainant had filed an application before the Sessions Judge for the transfer of the bail application to some other court. It appears that the hearing of bail petition was adjourned in the morning of 22.6.1996 for want of a specific report from the Addl. District Govt. Counsel (ADGC) and later, on the same day, it was taken up when the ADGC stated that he had full faith in the court and the counsel, who was engaged by the complainant, did not raise any objection and was prepared to argue the bail application. No stay order was produced before the appellant and therefore, the appellant proceeded with the hearing of the case and passed the order on the very same day granting bail to accused Ram Pal on his furnishing a bond for Rs. 20,000.00 with two sureties.

(3.) On 10.7.1996, complainant Jagdeo Singh sent a complaint to the High Court alleging that the appellant had accepted illegal gratification for granting bail to accused Ram Pal. This complaint was placed before the Inspecting Judge and after going through the material on record the learned Inspecting Judge was of the view that there was a prima facie case against the officer concerned, for dereliction of duty and judicial dishonesty while granting bail. The Administrative Committee initiated departmental enquiry against the appellant. It may further be noticed that in the complaint filed by Jagdeo Singh, he alleged that it was being said in the village that a sum of Rs. 80,000.00 had been paid to the appellant and bail would be granted by him and that nobody could stop it. He had also mentioned about the transfer application filed by him before the Distt. Judge and alleged that despite the filing of the said transfer application, the bail application was heard and allowed. He prayed for the transfer of the case to some other court.