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Supreme Court of India
Sharvan Kumar vs State Of Uttar Pradesh on 29 July, 1985
Equivalent citations: AIR 1985 SC 1663, 1986 CriLJ 15, 1985 (2) Crimes 875 SC
Author: R Pathak
Bench: A.N.Sen, R Pathak

JUDGMENT

R.S. Pathak, J.

1. This appeal by special leave is directed against the judgment and order of the High Court of Allahabad dismissing an appeal filed by the appellant and affirming his conviction and sentence for an offence Under Section 465 of the Indian Penal Code.

2. The appellant was the clerk of an advocate, Shri Prem Ghand Gupta, practising at Bulandshahr. One Kalli was an accused in a criminal case, and when his Pairokar was unable to persuade a Mohanir, Jaswant Singh, to secure Kalli’s release on bail, the pairokar approached the appellant for that purpose. The advocate, Shri Prem Chand Gupta, moved an application for bail, and the application for bail was granted by the Judicial Magistrate, Shri Khem Singh, on October 16, 1968. The appellant prepared surety bonds and presented them before Shri Prem Chand Gupta in order that the advocate should identify the sureties and attest their status. Apparently because Shri Gupta did not know the sureties, he refused to identify them or attest their status. The appellant then forged the necessary endorsement regarding identification and attestation of the sureties as well as the signatures of another advocate, Shri Mangal Singh, on the surety bonds. He presented the surety bonds before the Judicial Magistrate, who believing the endorsement to be genuine issued a warrant for Kalli’s release. It appears that Kalli happened to meet the Moharrir, Jaswant Singh, and disclosed that he had secured his release on bail through Shri Mangal Singh. When Shri Mangal Singh came to know from the Moharrir of this conversation, he suspected foul play and filed an application before the judicial Magistrate asserting that he had not identified or attested the bonds on the basis of which Kalli had been released. The Judicial Magistrate recorded the statement of Shri Mangal Singh, and after making a preliminary inquiry he filed a complaint for the prosecution of the appellant. The appellant was committed to the Court of Session to stand his trial for offences under. Sections 205, 465 and 471 of the Indian Penal Code. During the trial, the appellant admitted that he had prepared the bail bonds and the affidavits and that the sureties had affixed their thumb marks on the documents in his presence but he denied that the endorsement regarding identification and attestation of the sureties and the signatures of Shri Mangal Singh on the bail bonds had been made by him. The trial court found the appellant guilty and convicted him Under Sections 467 and 471 of the Indian Penal Code and sentenced him under the former charge to undergo imprisonment for a period of one and half years. No separate sentence was awarded in respect of the offence Under Section 471 of the Indian Penal Code.

3. In appeal before the High Court, the only question raised was whether the appellant had forged the endorsements regarding identification and attestation of the sureties and the signatures of the advocate. The High Court examined the entire evidence on the record, and found that the case in fact fell squarely Under Section 468 of the Indian Penal Code. However, it did not disturb the conviction in respect of the offence Under Section 465 of the Indian Penal Code. It was vehemently urged before the High Court that the appellant was a misguided young man, that he had no previous conviction against him and that he should, therefore, be released on probation of good conduct. It was pointed out that the appellant was about 22 to 23 years of age when he committed the offence. The High Court rejected the prayer and dismissed the appeal.

4. We have heard learned Counsel for the parties on this appeal, and we are satisfied that the High Court is right in maintaining the conviction of the appellant. We are also satisfied that this is not a case where the benefit of Section 360 of the CrPC should be extended to the appellant. The offence is a serious one and we do not think that the appellant should be entitled to release on probation of good conduct. But having regard to all the circumstances of the case, including the circumstance that the offence was committed as long ago as 1968 and the appellant has already suffered sufficiently, we reduce the sentence of imprisonment imposed on him to the period already undergone. We are told that the appellant has already served nine months in jail.

5. The appeal is allowed in so far only that while we maintain the conviction of the appellant we reduce the sentence to the period of imprisonment already undergone. The appellant is on bail, and his bail bond shall stand cancelled.

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Supreme Court of India

Chandreshwar Sharma vs State Of Bihar

Equivalent citations: JT 2000 (2) SC 36, (2000) 9 SCC 245

Author: G Pattanaik

Bench: G Pattanaik, U Banerjee

ORDER

G.B. Pattanaik, J.

1. Appearance memo filed by Mr. B.B. Singh on behalf of the State of Bihar be accepted as appearance in this case.

2. Leave granted.

3. The appellant herein was convicted under Sections 379 and 411 I.P.C. and was sentenced to rigorous imprisonment for one year as 3.5 Kg. of non-ferrous metal was recovered from his possession. On an appeal being filed, the conviction under Section 379 was affirmed. The appellant carried the matter in revision, but the revision also stood dismissed. All along the case of the appellant was that the recovery from the tiffin carrier kept on the cycle would not tantamount to recovery from the possession of the appellant, and this contention has been negatived and rightly so. When the matter was listed before this Court, a limited notice was issued as to why the provisions of Section 360 of the Criminal Procedure Code should not be made applicable Pursuance to the said notice, Mr. Singh, the learned standing counsel for the State of Bihar has entered appearance. From the perusal of the judgment of the learned Magistrate as well as the Court of Appeal, and that of the High Court, it transpires that none of the forums below had considered the question of applicability of Section 360 of the CrPC. Section 361 and Section 360 of the Code on being read together would indicate that in any case where the Court could have dealt with an accused under Section 360 of the Code, and yet does not want to grant the benefit of the said provision then it shall record in its judgment the specific reasons for not having done so. This has apparently not been done, inasmuch as the Court overlooked the provisions of Sections 360 and 361 of the CrPC. As such, the mandatory duty cast on the Magistrate has not been performed. Looking to the facts and circumstances of the present case, we see no reasons not to apply the provisions of Section 360 of the CrPC. We accordingly, while maintain the conviction of the appellant, direct that he will be dealt with under section 360, and as such, we direct that the appellant be released on probation of good conduct instead of sentencing him, and he should enter into a bond with one surety to appear and receive the sentence when called upon during the period of one year for the purpose in question. The bond for a year shall be executed before the learned Chief Judicial Magistrate, Ranchi, within 3 weeks from today. The appeal is disposed of accordingly.