Supreme Court Cancels Bail in Forgery Case Involving Manipulation of Court Records

The Supreme Court of India recently delivered a significant judgment concerning the grant of bail in a serious case of forgery and manipulation of court records. The case involved the appellant, Naveen Singh, challenging the bail granted by the High Court of Judicature at Allahabad, Lucknow Bench, to the accused, Mahesh Singh. The accused was charged under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code (IPC), with allegations of tampering with court documents.

Background of the Case

The case originated when the Record Keeper of the Civil Court, Unnao, filed an FIR against Mahesh Singh on the order of the District and Sessions Judge, Unnao. The allegations stated that the accused had tampered with the judicial records of a previous case, leading to a situation where the accused fraudulently obtained an acquittal in a case under the Gangsters Act.

Petitioner’s Arguments

The petitioner, Naveen Singh, strongly opposed the bail granted to Mahesh Singh by the High Court. He contended that:

• The High Court failed to consider the gravity of the offence, which involved manipulation of court records.
• The accused had been a fugitive for nearly 18 years in another criminal case.
• The offence of tampering with judicial documents is extremely serious as it threatens the administration of justice.
• The accused had benefited from the forgery and used the manipulated document to secure an acquittal in another case.
• The High Court granted bail without adequately analyzing the seriousness of the allegations.

Respondent’s Defense

On the other hand, the counsel for Mahesh Singh argued that:

• The accused had no direct role in forging the court documents and that it might have been done by his brother, Pappu Singh.
• The case was triable by a Magistrate, and since the accused had already spent over a year in custody, he was entitled to bail.
• The High Court had properly considered the parameters of granting bail.
• There was no risk of the accused tampering with evidence, as all documents were now in the court’s custody.

Supreme Court’s Observations

The Supreme Court, led by Justices Dr. Dhananjaya Y. Chandrachud and M.R. Shah, made critical observations regarding the High Court’s decision to grant bail. The Court noted:

“Forgery and manipulation of court records is a grave offence that strikes at the very root of the administration of justice. The High Court has erred in not considering the seriousness of the offence while granting bail.”

Read also: https://judgmentlibrary.com/supreme-court-cancels-bail-in-uttar-pradesh-murder-case/

Key observations included:

• The accused was the direct beneficiary of the forgery and had used the manipulated document to his advantage in another case.
• The offence carried a maximum punishment of life imprisonment, and the High Court failed to appreciate this fact.
• The seriousness of the crime required a more cautious approach before granting bail.
• Merely considering the period of incarceration was not sufficient justification for granting bail.

Verdict and Conclusion

After reviewing all arguments, the Supreme Court ruled in favor of the petitioner and canceled the bail granted to Mahesh Singh. The Court directed the accused to surrender immediately, stating:

“The impugned judgment and order passed by the High Court releasing the accused on bail is unsustainable and deserves to be quashed and set aside.”

This judgment underscores the Court’s stance on ensuring that crimes involving forgery and tampering with judicial documents are dealt with strictly. It serves as a precedent that the grant of bail should not be routine in cases involving serious offences against the judicial system.

Read also: https://judgmentlibrary.com/dowry-death-and-criminal-liability-supreme-court-upholds-conviction-in-karnataka-bride-burning-case/

Petitioner Name: Naveen Singh.
Respondent Name: The State of Uttar Pradesh & Anr..
Judgment By: Justice Dhananjaya Y. Chandrachud, Justice M. R. Shah.
Place Of Incident: Unnao, Uttar Pradesh.
Judgment Date: 15-03-2021.

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