Case Note & Summary
The applicant, Ganesh @ Premnath Dattu Deore, a life convict lodged in Nasik Central Prison, filed an application for temporary bail on the ground that his younger sister was to get married. The court directed the learned APP to make an enquiry, which revealed that the applicant's sister Rohini was already married on 26.5.2003, and the wedding cards annexed to the application were fabricated to persuade the court to grant bail. The contemnor, Vishwas Tulsiram Shinde, who is the brother-in-law of the applicant, admitted that the invitation cards were fabricated only to snatch a bail order from the court. The court issued a contempt notice to him, and he tendered an unconditional oral apology. The court appointed Mr. Sarang Kotwal to appear for the contemnor. The court referred to Section 2(c)(iii) of the Contempt of Courts Act, 1971, which defines criminal contempt as any act that interferes or tends to interfere with the administration of justice. The court also referred to the Supreme Court judgment in Chandra Shashi v. Anil Kumar Verma (1995) 1 SCC 421, where a suo motu contempt action was initiated for filing a fabricated document. The court held that the contemnor's act of fabricating documents to mislead the court amounts to criminal contempt. Considering the gravity of the act, the court sentenced the contemnor to simple imprisonment for one month and a fine of Rs. 2,000, in default, further simple imprisonment for one week. The court also directed that the fine be paid to the applicant's sister Rohini.
Headnote
A) Contempt of Court - Criminal Contempt - Fabrication of Documents - Section 2(c)(iii) Contempt of Courts Act, 1971 - The contemnor fabricated wedding invitation cards to falsely represent that the applicant's sister was unmarried, in order to obtain temporary bail for the applicant, a life convict. The court held that such conduct interferes with the administration of justice and constitutes criminal contempt. (Paras 1-5) B) Contempt of Court - Punishment - Apology - Section 12 Contempt of Courts Act, 1971 - The contemnor tendered an unconditional oral apology on the first day. However, considering the gravity of the act of fabricating documents to mislead the court, the court sentenced him to simple imprisonment for one month and a fine of Rs. 2,000. (Paras 6-7)
Issue of Consideration
Whether filing fabricated documents to obtain bail amounts to criminal contempt under the Contempt of Courts Act, 1971.
Final Decision
The contemnor Vishwas Tulsiram Shinde is sentenced to simple imprisonment for one month and to pay a fine of Rs. 2,000, in default, to undergo further simple imprisonment for one week. The fine, if recovered, shall be paid to the applicant's sister Rohini.
Law Points
- Criminal contempt
- Fabrication of documents
- Misleading the court
- Interference with administration of justice
- Contempt of Courts Act
- 1971 Section 2(c)(iii)
