Allahabad High Court
Mahesh Singh (Short Term Bail) vs State Of U.P. Thru Prin Secy Home ... on 14 June, 2022
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5218 of 2022
Applicant :- Mahesh Singh (Short Term Bail)
Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt Lko
Counsel for Applicant :- Dhirendra Pratap Singh
Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Abdul Moin,J.
C.M.Application No. 02 of 2022
1. Heard learned counsel for the applicant, learned AGA appearing on behalf of the State-respondents and Sri Anil Kumar Mishra, Advocate who has filed the instant application for recall.
2. An application for recall has been listed before this Court today in the first additional list, praying for recall of the order dated 30.05.2022 which was an order granting short term bail by this Court namely by Hon'ble Mr. Justice Krishan Pahal. Upon the application for recall being filed, the Hon'ble Senior Judge vide order dated 10.06.2022 nominated Hon'ble Mr. Justice Dinesh Kumar Singh to hear the application.
3. The Hon'ble Court vide order dated 10.06.2022 directed that till the next date of listing the order (granting short term bail) dated 30.05.2022 enlarging the applicant on short term bail shall be kept in abeyance. The Court also directed that the matter shall not be treated as tied up to the bench and accordingly, the application for recall of the order dated 30.05.2022 is now listed today before this Court.
4. The previous judge i.e Hon'ble Mr. Justice Dinesh Kumar Singh has released the matter vide order dated 10.06.2022 yet considering that the initial order dated 30.05.2022 was passed by Hon'ble Mr. Justice Krishan Pahal, who is not sitting at Lucknow at present, as such considering the administrative order passed by Hon'ble the Chief Justice dated 13.11.2018 that where Hon'ble Judge is not sitting at Lucknow, the regular bench shall deal with the matter, as such, the Court proceed to hear the matter
5. A perusal of the application for recall of the order dated 30.05.2022 would indicate that it has been filed on various grounds.
6. A perusal of the order sheet would indicate that the applicant has been granted a short term bail by this Court vide order dated 30.05.2022. The ground for grant of bail was the marriage of niece of the applicant which is to be solemnized on 21.06.2022.
7. Subsequent thereto, the aforesaid application for recall of the order dated 30.05.2022 passed by this Court has been filed by Ms. Archana Singh W/O Sri Jaideep Singh Sengar contending that the applicant had concealed vital facts from the Court inasmuch as in paragraph 5 of the said application it has been contended that the applicant had been declared as absconder since the year 2002 till the year 2018 i.e about 16 years; in paragraph 7 of the said application it has been contended that the applicant had manipulated the order of the Court below and in paragraph 12 it has been contended that the applicant has concealed his criminal history of having 17 criminal cases registered against him.
8. Learned AGA also points out that earlier, when the applicant had been granted bail, the same was challenged before the Apex Court by filing Criminal Appeal No. 320 of 2021 Inre; Naveen Singh Vs. State of U.P and Ors, a copy of which has been filed as annexure 6 to the application, in which the Apex Court has categorically indicated about the seriousness of the offence and gravity of the matter relating to forgery & manipulating the Court's order having not been considered by this Court while granting bail and that forging/manipulating the Court's records and taking benefit of the same would stand on an altogether a different footing than forging/manipulating other documents.
9. Placing reliance on the specific averments contained in paragraph 5, 7 & 12 of the said application along with the observations made by the Apex Court it is contended that once the previous conduct of the applicant is of such a nature as already indicated in the said application as such, the applicant is not entitled for any short term bail.
10. On the other hand, learned counsel for the applicant contends that the short term bail had been granted by this Court vide order dated 30.05.2022 considering the marriage of the niece of the applicant being fixed for 21.06.2022. It is also contended that the conduct of the applicant, as has been indicated in the aforesaid paragraphs of the application for recall, are to be considered for grant of regular bail and may not be considered while granting the short term bail as had already been allowed by this Court vide order dated 30.05.2022. It is also contended that it is only the applicant being the sole male member in the family who can have the marriage of the niece conducted and as such, prays that the application for recall be rejected.
11. Learned counsel for the applicant also argues that the application for recall has been filed by a third party who does not have any locus in the matter in view of the law laid down by the Apex Court in the case of Ranjeet Kumar Vs. Union of India reported in AIR 1993 SC 280 and that earlier, on two occasions, the applicant has been granted short term bail and there was no misuse.
12. Having heard the learned counsels appearing for the contesting parties and having perused the records what is apparent is that this Court vide order dated 30.05.2022 had granted short term bail to the applicant for attending the marriage of his niece on 21.06.2022. Subsequent thereto, a recall application has been filed before this Court on 09.06.2022. An endorsement has been made on the said application by Sri Anil Kumar Mishra, Advocate that the applicant Sri Virendra Kumar Singh has refused to receive a copy of the said application. During the course of argument, Sri Abhishek Singh, Advocate holding brief of Sri Virendra Kumar Singh, Advocate candidly admits that at the time of filing of application for recall, the said application was not received but subsequent thereto, he has received the application.
13. As regards, the argument of the learned counsel for the applicant that Smt Archana Singh would have not locus to file the application for recall, suffice it to state that once certain facts have been brought to the knowledge of the Court which shows the conduct of the applicant in having manipulated Court's records which fact has also been observed by the Apex Court in the aforesaid judgment and the fact that the averments made in the said application have not been rebutted anywhere as of date, as such the said conduct can be considered by the Court itself once the said information is brought to the knowledge of the Court.
14. As regards, the argument that the applicant having been granted short term bail on an earlier two occasions, suffice to mention that the aforesaid conduct, as has been brought to the knowledge of the Court as indicated above, does not inspire any confidence of the Court in the conduct of the applicant so as to enable him to be granted short term bail by the Court.
15. Be that as it may, fact of the matter remains that averments made in paragraphs 5, 7 & 12 of the application for recall make out a serious case against the applicant of being an absconder for about 16 years, having manipulated Court's records rather manipulation of Court's records has also been considered by the Apex Court in the aforesaid judgment and order dated 15.03.2021 & having about 17 other criminal cases registered against him. Grant of short term bail is the sole discretion of the Court concerned. The averments made in the said application have also not been rebutted and thus it would stand admitted by the applicant that he has been an absconder since the last 16 years and that he had manipulated Court's records & has a voluminous criminal history.
16. In this view of the matter, the application for recall is allowed and the order dated 30.05.2022 is recalled.
Order Date :- 14.6.2022
Pachhere/-
