Sheo Pal Singh vs State of U.P.& Ors.

Palok Basu, J.—For all practical purposes these two petitions shall be kept tied up.

This application has been moved by informant Sri Sheo Pal Singh on peculiar circumstances. Two accused are facing trial, namely, Bachoo Singh and Lalloo Singh. Bachchoo Singh was granted bail by the Sessions Judge. An order of this Court purported to have been passed in Criminal Misc. Case No. 1180 (B) of 1986 by which the other accused Lalloo Singh was shown as having been directed to be released on bail was produced in Court below. In pursuance of that order Lalloo Singh is enjoying liberty as he was released by the follow up orders of the C. J. M., Sitapur. During the proceedings in the trial the Case Diary appears to be not available and it was said that as if the Case Diary was summoned by this Court before considering the bail application No. 1180 (B) of 1986. The trial Judge was, therefore, of the view that the Case Diary should be summoned and produced in his Court or else he would close the evidence of the eyewitnesses. Aggrieved by this order of the Sessions Judge, the informant rushed up to this Court by these two petitions.

An enquiry was set up under orders of this Court through the Additional Registrar and it transpires that Criminal Misc. Case No. 1180 (B) of 1986 did not relate to district Sitapur at all and that the bail application at the said serial number related to a case of district Sultanpur. Under the circumstances the Office reported that accused Lalloo Singh of the instant trial was never granted bail by this Court. It naturally follows that the Case Diary was never summoned in this Court. Under the circumstances it further transpires that a forged bail order was filed on the basis of which the accused Lalloo Singh was released on bail and further that in the garb of some earlier order in those forged proceedings, the Case Diary was hushed up from its genuine custody and its whereabouts are presently unknown.

No forged order can be the basis of getting bail in a case. The order dated 2441984 purported to have been passed by Hon''ble S. I. Jafri, J. is not at all an order ever passed by this Court and consequently no benefit would accrue to Lalloo Singh s/o Raj Bahadur Singh to get bail through that forged order.

Let Lalloo Singh be taken into custody forthwith and a nonbailable warrant shall be issued by the trial Judge in case Lalloo Singh''s arrest is not procured under normal process.

The Trial Judge is directed to get the Case Diary reconstructed through the Investigating agency in accordance with law and to complete the trial after affording full opportunity to the prosecution and the informant to lead evidence.

With the aforesaid directions these two applications are finally disposed of. Let a certified copy of this order be furnished to the learned counsel for the applicant for production before the Special Judge concerned for compliance.

Another copy of this order with forwarding letter by the Addl. Registrar shall go within twentyfour hours to the Special Judge concerned for seeking compliance. These two records shall be kept under sealed cover with the Addl. Registrar.