SHERBAZ KHAN Vs. STATE

JUDGEMENT

(1.) BY means of application under section 482 Cr.P.C. the applicant has prayed for quashing the order dated 7.5.2011 passed by the Additional Sessions Judge Court no.9 Bijnor in Criminal Case No. 41 of 2008 whereby the order granting bail to the applicant on 7.4.2008 in Case Crime No. 45 of 2008 under sections 420/467/468/471 IPC Police Station Chandpur District Bijnor has been cancelled.

(2.) THE genesis of the case in a nutshell is that the first information report was lodged against the applicant by Satya Pal on 23.1.2008 that the applicant had obtained forged degree of High School, Intermediate,B.A and LL. B allegedly obtained from Gurukul University Vrandawan. In this regard , Sub-Divisional Magistrate had enquired from Gurukul University Vrandawan and was informed by the Office Superintendent of the University vide letter dated 11.1.2008 that the certificates and mark sheets of the year 1998 and 2009 were not issued from the Institution hence it cannot be verified. On the basis of the report of the Office Superintendent of the University, first information report was lodged on 23.1.2008 as Case Crime No. 45 of 2008 under section 420/467/468/471 IPC at Police Station Chandpur District Bijnor. The applicant filed bail application which was allowed granting him bail vide order dated 7.4.2008 by the Sessions Judge Bijnor on the ground that the letter dated 21.2.2008 submitted by the applicant shows that the documents which were issued by Gurukul University Vrandawan were not verified by the investigation officer that these documents were not used by the applicant for any gain and that the investigation has yet not concluded . On the above ground the bail application was allowed by the court below . Thereafter an application was filed by the prosecution on 27.5.2011 for the cancellation of the bail granted by the court below . It was specifically contended that the letter dated 21.2.2008 filed by the applicant at the time of moving the bail application itself was forged document as no such letter was issued by Shyam Bihari Shastri , the Vice Chancellor ,Gurukul University Vrandawan. In this connection, he had informed through letter dated 27.2.2008 that no such letter in question dated 21.2.2008 was issued. The applicant in the High School certificate has shown his date of birth as 8.3.1975 whereas according to the record of M.M.Inter College Chandpur , his date of birth is 15.7.76. thus he has committed fraud and manipulated forged mark sheets and certificates and succeeded in getting admission in L.L.B course . While granting the bail, the enquiry officer was directed to verify the document and during the course of enquiry it was found that the applicant has obtained bail by committing misrepresentation and fraud upon the court therefore, the bail application is liable to be rejected.

(3.) IT is argued by the learned counsel for the applicant that the court below has committed manifest error in rejecting the bail application, when there was no allegations of tampering of the witnesses after grant of bail. The court below has misread the evidence collected during the course of investigation as the statement of the Shyam Bihari Vice Chancellor of the University was never recorded as he has not been shown as witness in the charge sheet. The court below has no power to review its order by cancelling the bail . It is contended that after comparing the order of granting bail as well as cancellation of bail , it is evident that on the same very ground ,the bail has been cancelled on which it has been granted without taking any or fresh material . In fact the applicant is the victim of a sitting M.L.A. Mohd. Iqbal @ Thekedar . The applicant was elected as chairman of the town area Chandpur and Mohd. Iqbal @ Thekedar was the sitting M.L.A. of Chandpur . There was political rivalry . The applicant had earlier approached this Court against the sitting M.L.,A. Mohd. Iqbal @ Thekedar by whom the applicant was falsely implicated in several cases. The power exercised by the court below while cancelling the bail already granted in a mechanical manner without considering that if there is any supervening circumstances not to allow the applicant to remain on bail. There must be very cogent and overwhelming circumstances for an order seeking cancellation of bail. There is no allegation that he has abused the liberty granting in his favour by tampering the evidence . In support of his contention,the learned counsel for the applicant has cited the judgment passed by the Apex Court where some grounds have been set up for cancellation of bail viz. Puran Versu Rambilas and another 2001 S.C.C. (Cri) 1124 , Dolat Ram and others Vs. State of Haryana 1995 S.C.C. (Cri) 237, Sami Ullah Vs. Superintendent Narcotic Central Bureau AIR 2009 SC 1357. In Dolat Ram and others (Supra) para 4 is reproduced here to below :-