SURINDER JOSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Criminal Miscellaneous Nos. 34740-M and 37147-M of 2003 as both the accused-petitioners have sought bail under S. 439 of the Code of Criminal Procedure, 1973 (for brevity, Cr. P.C.) in case FIR No. 77 dated 26-4-2003 under Ss. 419, 420, 465, 471 and 409, I.P.C. registered at Police Station Division No. 8, Jalandhar.

(2.) The allegations in the First Information Report are that the Deputy Superintendent of Police, Special Staff (Crime Wing) Jalandhar received a secret information that the accused-petitioners-Surinder Joshi and Jatinder Parshad Tiwari along with his brother Shiv Parshad Tiwari used to take Court files to their house. They used to hold out that they had been close to judicial officers/other officers and they could get the work done from them. For the promise to work, they used to charge from the members of public hefty amount. As a matter of fact Shiv Parshad Tiwari was neither working as a Reader or Steno with any judicial officer and used to cheat people by using the names of Bureaucrats and judicial officers. Because the information received was credible, a case under Ss. 419, 420, 465, 468, 471, I.P.C. was registered. Petitioner - Jatinder Parshad Tiwari and his brother Shiv Parshad Tiwari had one residential house. The police party raided the house of accused-petitioners and found certain forged certificates, identity cards and many papers relating to the vehicles. Accused-petitioner - Jatinder Parshad Tiwari in the connected petition was arrested on 26-4-2003, whereas Surinder Joshi accused-petitioner in present petition appears to have been arrested on 5-6-2003 and he was not named in the First Information Report.

(3.) On the statement made by one Raj Kumar under S. 161, Cr. P.C., it was alleged that on 2-7-1994, the FIR Register and bundle of First Information Reports from 1988 to 2-7-1994 were handed over by him to Surinder Kumar Joshi, Ahlmad of the Court of Shri Bhajna Ram. In the statement under S. 161, Cr. P.C. made by Varinder Mohan on 4-6-2003, the name of Surinder Joshi had also been disclosed alleging that he had given the FIRs Register in which entries of 1995 were there along with copies of the FIRs. The challan has been presented.