Israil vs State of U.P. and Another

Naseemuddin, J.—It appears that Sri K. N. Ojha, Sessions Judge, Lakhimpur Kheri had rejected bail application of Liyakat vide order dated 8.2.2001 (Bail Application No. 191 of 2001). Thereafter Liyakat moved bail application before this Court (Criminal Misc. Case No. 1334 (B) of 2001, which bail application was heard by this Court and was rejected on 30.8.2001. Thereafter second bail application was moved before the Court of Session Judge (Bail Application No. 2900 of 2001) which was decided by Incharge Sessions Judge, Lakhimpur Kheri (Sri Chandrama Singh) on 7.11.2001. The first bail application was rejected by Sri. K.N. Ojha, the then Sessions Judge, Lakhimpur Kheri and second bail application was allowed by the Incharge Sessions Judge (Sri Chandrama Singh) on 7.11.2001. This was done in spite of the fact that this Court had rejected the bail application of the accused on 30.8.2001. The order passed by Sri Chandrama Singh was, therefore, bad and he could not have passed this order while Sri K. N. Ojha was in office. Secondly, this Court had rejected the bail and in spite of this rejection the Incharge Sessions Judge Sri Chandrama Singh allowed the bail of Liyakat, opposite party No. 2. This amounts to misconduct on the part of Sri Chandrama Singh, who was working as Incharge Sessions Judge on the relevant date. The order of issuing notice to opposite party No. 2 in the above circumstances is recalled.

Learned Counsel for the applicant and State were heard in detail.

The order passed by Sri Chandrama Singh is, therefore, to be set aside and bail of Liyakat is to be cancelled.

This application is allowed and the bail of Liyakat granted by Sri Chandrama Singh, Additional Sessions Judge on 7.11.2001 (Bail Application No. 2900 of 2001) in Case Crime No. 83 of 2000 under Sections 323, 504, 506 and 302, Indian Penal Code Police Station Palia district Kheri is cancelled. Opposite party No. 2 shall be taken into custody in the present case by the learned Sessions Judge and shall be sent to jail in this crime number. On being taken into custody the bail bonds of the accused and his sureties shall stand cancelled and the sureties thereafter shall stand discharged.

Let a copy of this order be sent forthwith to the Sessions Judge, Lakhimpur Kheri for compliance. A copy of this order shall also be sent to the Registrar General of this Court for making an entry in this respect in the character roll of Sri Chandrama Singh, Additional Sessions Judge, Lakhimpur Kheri, as follows:

Sri Chandrama Singh was found in this case to have committed misconduct and was guilty of judicial impropriety by granting bail on 7.11.2001 as In Charge Sessions Judge while deciding Bail Application No. 2900 of 2001 under Sections 323, 504, 506 and 302, Indian Penal Code P. S. Palia district Kheri under the circumstances that the bail application of Liyakat accused had been rejected by Sri K. N. Ojha, Sessions Judge, Lakhimpur Kheri on 8.2.2001 ; and under the circumstances that the bail application of the accused had been rejected by this Court in Criminal Misc. Case No. 1334 (B) of 2001 on 30.8.2001 on merits before passing of the order by Sri Chandrama Singh. He unjustifiably revoked the order of Sri K. N. Ojha, Sessions Judge deliberately as appears from his order dated 7.11.2001.

Learned Counsel and other counsel present in the Court have also been making general allegations about Sri Chandrama Singh and are referring to the cases in which bails were granted in absence of Sri K. N. Ojha, District and Sessions Judge by Sri Chandrama Singh improperly after the bails had been rejected once or more than once, etc., etc. The Court (on the administrative side) may order the collection of datas by ordering a Vigilance Enquiry into this allegation against Sri Chandrama Singh, Additional Sessions Judge and may take appropriate action, if necessary.