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 fakestamp and signature and the accused used them to make the authorities intobelieving 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 productionof the fake order.

Policehad arrested the accused lawyers on January 8 this year after the High Courtdirected it to investigate the matter and file a criminal case against theaccused.

Advocate Mushtaq Ahmad Darwho represented one of the accused in the court pleaded that his client hasbeen falsely implicated in the case.

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

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

Additional publicprosecutor Abdur Rashid Mir vehemently opposed the bail application and pleadedthe accused “along with other person are involved in the fabrication of a bailorder and managing release of their clients from the judicial custody throughit”.

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

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

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

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

Casehistory:

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

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

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

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

As perthe provisions of law, the investigating officer of the case was required tosubmit a copy of bail bonds furnished by sureties of the accused, along withthe chargesheet.

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

On thedirections of the High Court, ShaheedGunj police registered the case (FIR No83/2017) and took up the investigation.

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

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