Forging of J&K HC order: Court grants bail to three lawyers

The court of Chief Judicial Magistrate here Monday granted bail to three lawyers who were accused of forging J&K High Court orders for release of their clients from Central Jail here.

According to police the accused, Aamir Masood, Musavir Ahmad Mir and Showkat Ahmad Dar had forged the order on the bail application of their clients which was rejected by trial and appellant court in Budgam.

The fake bail order had fake stamp and signature and the accused used them to make the authorities into believing it as a true order issued by High Court, as per the police.

Subsequently their clients, who were accused of vehicle thefts, were released by the police on production of the fake order.

Police had arrested the accused lawyers on January 8 this year after the High Court directed it to investigate the matter and file a criminal case against the accused.

Advocate Mushtaq Ahmad Dar who represented one of the accused in the court pleaded that his client has been falsely implicated in the case.

“The forensic scientific laboratory has also negated his involvement,” he submitted before the court of CJM while pleading for granting of bail. 

Earlier, the Additional Sessions court Srinagar had slashed down two offences (charges/RPC sections, 467, 468) against the accused after advocate Muhammad Abdullah Pandit who represented two accused Mir and Dar, had pleaded for it. These offences make accused liable for imprisonment of more than 10 years.

Additional public prosecutor Abdur Rashid Mir vehemently opposed the bail application and pleaded the accused “along with other person are involved in the fabrication of a bail order and managing release of their clients from the judicial custody through it”.

“This act of the accused had sent shocking waves in the society. The act is purported to have been committed inside the temple of justice,” he submitted before the court.

While referring to various provisions of law and the Supreme Court judgments, the prosecutor submitted that there was a need to get rid of the rot from the system and that too from the temple of justice.

“As such strict approach needs to be adopted in dealing with such cases otherwise society will lose faith in the system,” he pleaded.

After hearing prosecution and defense counsel, the court granted bail to the accused.

Case history:

Three persons accused of vehicle thefts were arrested by Magam police in 2017. After completion of investigation, the accused were lodged in Srinagar Central Jail.

The bail application of the accused was rejected by trial court and subsequently by sessions court Budgam.

As per the police, the accused lawyers forged the order of High Court which was produced before the Srinagar Central Jail authorities to ensure release of the accused.

The matter came to fore when Police Station Magam in Budgam wanted to file a chargesheet before the competent court against the accused of the lawyers.

As per the provisions of law, the investigating officer of the case was required to submit a copy of bail bonds furnished by sureties of the accused, along with the chargesheet.

As the officer went to the High Court to get the copy of bail bonds, he came to know that no such bail order was issued by the Court.

On the directions of the High Court, ShaheedGunj police registered the case (FIR No 83/2017) and took up the investigation.

The accused lawyers were arrested on and subsequently the Police registered another FIR against them.