The Supreme Court while considering a criminal appeal cancelled bail of the respondent who was accused of tampering with court records and remarked “Apart from that forging and/or manipulating the court record and getting benefit of such forged/manipulated court record is a very serious offence. If the court record if manipulated and/or forged, it will hamper the administration of justice.”
Factual background
It was alleged by the appellant in a writ petition in Allahabad High court that the respondent had tampered with court records. Considering the gravity of the issue, the High court directed the district and Sessions judge to take notice of the matter after enquiry was done by the additional Sessions judge of the fast track court. Thereafter the FIR was lodged against the respondent for forgery/manipulation of court records. It is alleged that the respondent had fraudulently removed his name from a court order and presented the copy of the forged document before the special court judge on the basis of which he was acquitted by the special judge. The respondent/accused filed a bail application before the Sessions court but same was dismissed after which he moved to the High Court. The High Court granted bail to the respondent on the grounds that the charge sheet had been filed and the accused had already undergone 1½ years imprisonment. Being aggrieved by the bail order the appellant moved to the Apex court.
Appellant’s Contentions
The counsel for appellant submitted that the High Court had failed to consider the seriousness of the offence and granted bail merely on the grounds that the respondent had undergone 1½ years of imprisonment but has not taken into the consideration the fact that the maximum sentence which the respondent could face was 10 years and life imprisonment as per section 467 IPC read with section 471 IPC. The counsel further argued that since the respondent had been acquitted due to the forged documents, he is beneficiary of the forged and manipulated court record and cannot plead ignorance. The counsel for state also supported the appellant’s contentions and argued that the respondent ought not to be released on bail by the High court.
Respondent’s Submissions
The counsel for respondent argued that since there was no chance of tampering with evidence or witnesses and the charge sheet had already been filed, the High court had made no error in granting bail to the respondent. The counsel further submitted that the appellant had no locus-standi in the matter and the appeal was liable to be set aside.
Court’s Decision
The division bench of Justice M.R. Shah and Justice D.Y. Chandrachud observed that the meter was of grave seriousness and remarked “Apart from that forging and/or manipulating the court record and getting benefit of such forged/manipulated court record is a very serious offence. If the court record if manipulated and/or forged, it will hamper the administration of justice. Forging/manipulating the Court record and taking the benefit of the same stands on altogether a different footing than forging/manipulating other documents between two individuals. Therefore, the High Court ought to have been more cautious/serious in granting bail to a person who is alleged to have forged/manipulated the court record and taken the benefit of such manipulated and forged court record more particularly when he has been chargesheeted having found prima-facie case and the charge has been framed”
The court further opined that the High court was not justified in granting bail merely because chargesheet had been filed and commented “Seriousness of the offence is one of the relevant considerations while considering the grant of bail, which has not been considered at all by the High Court Court while releasing Respondent No.2 accused on bail.”
Making the above observations the court cancelled the bail granted by the High Court and directed the respondent to surrender.
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