RANJIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This Is a criminal revision against the judgment and order dated 14th December, 1987 passed by the then VII Additional Sessions Judge, Allahabad in Criminal Appeal No. 65 of 1985 (Ranjit Singh v. State) partly allowing the appeal and partly dismissing the appellant, convicting the appellant revisionist under Sections 168 and 468 I.P.C. and sentencing him to two years -rigorous imprisonment and a fine of RS. 500.00 for each of the offences under Sections 466 and 468 I.P.C. but granting him the benefit of section 4 of the U.P. First Offenders Act and ordering him to file a personal bond of Rs. 2000.00 and one reliable local surety of the like amount for keeping peace and good behaviors for a period of two years and in the event of any breach in the conditions of the bond, to serve out the sentences referred to above and thereby confirmed and judgment and order of the trial court dated 25th February, 1985 passed in Criminal Case No. 3020 of 1976 (State of U.P. v. Ranjit Singh). The learned Additional Sessions Judge also reduced the sentences under sections 466 and 468 I.P.C. from three years R.I. to two years R.I. and a fine of Rs. 500.00. The facts giving rise to this criminal revision briefly stated are as follows:

(2.) The revisionist accused was working as Personal Assistant (Second Man) of the then Honble Mr. Justice Jag Mohal Lal Sinha of this High Court. In those days bail applications used to be heard by the said Honble Judge in Court No. 16. A criminal case (State of U.P. v. Khalawan and others) under section 302 I.P.C. was pending in the court of the then Additional District Magistrate (Judicial), Allahabad. An order dated 10th December, 1971 granting bail to the co-accused Khelawan was alleged to have been passed by then Honble Mr. Justice Jag Mohan Lal Sinha in the said criminal case. The accused - Khelawan-wasordered to be released on bail on his furnishing a personal bond and two sureties each in the like amount. That order was received by the then Additional District Magistrate (Judicial) Allahabad. Consequently he released the co-accused Khalwan after his furnishing a personal bond and, two sureties each in the like amount, on the basis of the said bail order. The co-accused Kalloo in the said criminal case was already released on bail. The co-accused Kalloo contacted one Sri Atma Nand Mishra, who was also working in this High Court, with regard to the release of the other accused on bail and requested him for obtaining a copy of the bail order regarding other accused Khelawan. Consequently Atma Nand Mishra had a talk to Shri Kunj Behari Lal Bhatnagar, Bench Secretary, at his residence in that regard. Shri Kunj Behari Lal Bhatnagar told him (Atma Nand Mishra) that he would tell him about the same after verifying the relevant register of the Court, next day. Sri Bhatnagar looked into the relevant register regarding bail application, next day, but he found that there was no endorsement any where regarding the passing of any such bail order in respect of the accused Khelawan. He called for the bail application from the office and on the receipt of the same, he found that the order was not in his hand writing nor did he put his signature. The order, however contained the initial of the them Henble Mr. Justice Jag Mohan Lal Sinha. There arose suspicion in his (Bhatnagar s) mind. Consequently he placed the aforesaid record before the then Honble Mr. Justice Jag Mohan Lal Sinha. The Honble judge came to the conclusion that the alleged bail order dated 10th December, 1971 was not passed by him nor did he put his signature initial thereto. But the said order was, according to him, prepared after committing forgery. He showed the bail order to the Bench Secretary, Sri Kunj Behari Lal Bhatnagar, Syed Nasir Raza and his both personal Assistants Sri Kamala Prasad Asthana and Sri Ranjit Singh. He had suspicion that Sri Ranjit Singh had written tile said bail order. Sri Ranjit Singh had, however denied the same. The then HonTble Mr. Justice Jag Mohan. Lal Sinha wrote a letter dated 16th December, 1971 to the Registrar of the Honble Court in regard to the above facts and directed him (Registrar) to obtain information from the Additional District Magistrate (Judicial), Allahabad whether the accused Khelawan was released on bail. If the accused Khelawan was not released, the Additional District Magistrate (Judicial) be directed to wait for further orders. The aforesaid bail application of accused Khelawan was ordered to be listed on 17th December, 1971. On that day, the then Honble Mr. Justice Jag Mohan Lal Sinha passed the following order: The order dated 10/12/1971 purporting to grant bail to Khelawan S/o Ram Avtar resident of Meerapur, P.S. Khuldabad, District Allahabad is not a genuine order. Sri, R.P. Agarwal Advocate, who purports to have signed the application, made a statement before this Court that he did not present this application nor was it ever argued by him before this Court. Enquiry has already been ordered. Registrar may send a letter to the A.D.M. (J.) Allahabad forthwith to cancel the bonds said to have been furnished by the applicant and secure arrest of Khelawan. He may be sent thereafter to jail custody. Let this file be now sent to the Registrar, who is also seized of the enquiry, in a sealed cover.

(3.) Sri. B.C. Jauhari, the then Registrar of this Court, reported the matter through a letter to the Deputy Inspector General of Police, U.P. Criminal Investigation Department, Lucknow, on the basis of which a chick (First Information Report) was prepared and a case was registered against the accused-revisionist Ranjit Singh under Sections 417,420,466,467, and 468 I.P.C. The investigation ensued and after the completion of the investigation into the case, a charge-sheet was submitted against him. The charges under Sections 417, 466, 420, 467 and 468 I.P.C. were ultimately framed against him. The prosecution examined as many as 18 witnesses including the then Honble Mr. Justice Jag Mohan Lal Sinha and relied upon certain documents in support of the case against the accused-revisionist, Ranjit Singh.