Case Note & Summary
The Supreme Court heard a criminal appeal against the High Court's order granting bail to Respondent No. 2 in an FIR involving offences under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code, 1860 (IPC) related to a forgery racket of academic certificates. The appellant alleged that the High Court ignored material evidence, such as a University letter confirming non-issuance of the LL.B. degree, and that Respondent No. 2 suppressed nine FIRs involving serious offences. The Court found that Respondent No. 2 abused his bail liberty by intimidating the appellant and continuing fraudulent activities, including using forged documents for LL.M. admission. The Supreme Court set aside the bail order, cancelled the bail, and directed the accused to surrender, emphasizing the need for courts to consider all material facts in bail decisions.
Headnote
Criminal Law-- Indian Penal Code, 1860-- Sections 419, 420, 467, 468 and 471-- Large scale of racket involving fabrication and circulation of forged document of legal qualification, academic certificate etc-- Falsely projection as an advocate by respondent no.2/accused-- Degree found to be non affiliated with University-- Mark sheet not issued by University-- Racket of supplying fake academic qualifiaction certificates-- Complaint lodged-- Bail granted to respondent no.2/accused by high court-- Aggrieved-- Challenged to order of granting bail to respondent no.2-- Pendency of nine criminal cases against respondent no.2-- Cases referred-- Distinction between grant of bail and cancellation of bail-- The power to grant of bail though discretionary, is subject judicial discipline-- Scope of interference in an order of granting bail discussed--Serious allegations against respondent no.2, he posed himself as an advocate by relying upon forged documents-- Multiple complaints registered against respondent no.2 in different states-- Case of Neeru Yadav (Supra) referred-- Aspects like nature of accusation, supporting materials, criminal antecedents and broader societal impact required to be seen granting bail to the accused-- Suppression of facts by respondent no.2 about his criminal antecedents-- Observations-- Directions-- Bail granted to respondent no.2 stand cancelled-- Appeal Allowed Para-- 17, 18, 19, 20, 22, 26, 27, 29, 30, 31, 50, 51
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: Whether the High Court erred in granting bail to Respondent No. 2 by ignoring material evidence and suppression of multiple FIRs, and whether subsequent conduct of the accused warrants cancellation of bail
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's bail order, cancelled the bail granted to Respondent No. 2, and directed him to surrender within one week, with instructions for the trial court to expedite proceedings
