GIRINDRA KISHORE JHA BETTIAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sri Z. Ahmad, a magistrate with first class powers of Bettiah has made this reference under Section 13(b) and Section 14 of the Legal Practitioners Act, through the District Magistrate and the District and Sessions Judge of Champaran at Motihari.

(2.) The facts may be shortly stated. Cognizance of a Criminal case under Section 188 of the Penal Code was taken against one Ramsanehi Singh on the 13th November, 1952. That case was numbered as case No. 205, O. C. of 1952. The learned Magistrate who took cognizance passed an order on the same date, directing Ramsanehi to be released on bail of Rs. 800/- with two sureties of Rs. 400/-cach. Bail was offered by Mohan Lal and Rafique Mian. Sri Girindra Kishore Jha, Pleader, against whom this reference has been made, certified that they were fit persons to be bailors. A Sub Deputy Magistrate named Mr. S.N. Tewari held an enquiry and reported that those two proposed bailors were not fit persons. Ram Asrey and Sukhi stood sureties to the extent of Rs. 400/- each and they were also certified by the pleader to be fit persons. On the 15th November, 1952 Kanhai Ram offered bail of Rs. 800/-. The pleader certified him to be fit and Mr. Tewari also reported that he was fit. The bail offered by Kanhai with Ram Asrey and Sukhi as sureties was accepted and Ramsanehi was released on bail. The case was then transferred to the court of Mr. S.N. Tewari. On the 26th November, 1952, fresh bail was to be offered. One Raj Kishore Prasad Singh purported to execute the bail bond and the pleader certified him to be fit. The bond was accepted and Ramsanehi was released on fresh bail.

(3.) Ramsanehi did not appear on a date fixed in the case. Raj Kishore Prasad Singh was, therefore, noticed to show cause why the bail bond should not be forfeited. He appeared and stated that the bail bond had not been executed by him and that some other persons appeared to have executed it in his name. Thereafter, a case under Section 465/471 of the Penal Code was started against Ramsanehi. This case was numbered as case No. 204 O. C. of 1953. Trial was held by Mr. Zahur Ahmad, who has made the present reference. Sri Girindra Kishore Jha was examined in that case as prosecution witness No. 3. At the conclusion of the trial. Mr. Ahmad acquitted the accused, but came to the conclusion that the pleader was guilty of misconduct.