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TMI Blog2024 (1) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... application before the High Court. Only the order dated 17.01.2023 passed in the bail application, filed by the co-accused Gangesh Kumar Thakur was annexed. The High Court even granted bail to the appellant. In the bail application filed before the High Court, it was not mentioned that the same was second bail application filed by the appellant. This Court cannot comment on the contents of the bail application filed before the Sessions Judge as the copy thereof is not available on record here. The present appeal is, accordingly, dismissed as infructuous. - VIKRAM NATH And RAJESH BINDAL , JJ. For the Petitioner : Mr. Pranaya Kumar Mohapatra , AOR For the Respondent : Mr. Prakash Ranjan Nayak , AOR Mr. Balaram Nayak , Adv. Mr. Chaitanya Chauhan , Adv JUDGMENT RAJESH BINDAL , J. Leave granted. 2. This is another case in which an effort has been made to pollute the stream of administration of justice. 3. About three decades ago, this Court in Chandra Shashi v. Anil Kumar Verma (1995) 1 SCC 421 was faced with a situation where an attempt was made to deceive the Court and interfere with the administration of justice. The litigant was held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the court does not reject the petition on that ground, the court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of court for abusing the process of the court. [emphasis supplied] 5. In Dalip Singh v. State of Uttar Pradesh and others (2010) 2 SCC 114 , this Court noticed the progressive decline in the values of life and the conduct of the new creed of litigants, who are far away from truth. It was observed as under: 1. For many centuries Indian society cherished two basic values of life i.e. satya (truth) and ahinsa (non- violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice- delivery system which was in vogue in the pre- Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post- Independence period has seen drastic changes in our value system. The materialism has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing fraud and suppressing material fact before a court of law to gain advantage, the said order cannot be allowed to stand. (emphasis supplied) 7. It was held in the judgments referred to above that one of the two cherished basic values by Indian society for centuries is satya (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre-Independence era, however, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In the last 40 years, the values have gone down and now a litigants can go to any extent to mislead the court. They have no respect for the truth. The principle has been evolved to meet the challenges posed by this new breed of litigants. Now it is well settled that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular party, is expected to assist the court fairly in carrying out its function to administer the justice. It hardly needs to be emphasized that a very high standard of professionalism and legal acumen is expected from the advocates particularly designated Senior advocates appearing in the highest court of the country so that their professionalism may be followed and emulated by the advocates practicing in the High Courts and the District Courts. Though it is true that the advocates would settle the pleadings and argue in the courts on instructions given by their clients, however their duty to diligently verify the facts from the record of the case, using their legal acumen for which they are engaged, cannot be obliviated. (emphasis supplied) 8.1. Finally, this Court dismissed the appeal with costs of ₹ 1,00,000/-. 9. In Pradip Sahu v. The State of Assam Special Leave Petition (Criminal) No. 4876 of 2022, decided by this Court on 24.08.2023 the accused who was found to be guilty of concealing material facts from the court and against him the High Court Gauhati High Court had directed for taking appropriate legal action, had challenged the order passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant filed first bail application BLAPL No. 1855 of 2022 before High Court. While the same was pending the coaccused Gangesh Thakur also filed bail application BLAPL NO. 11709 of 2022 before the High Court. The High Court vide order dated 17.01.2023 allowed the bail application filed by Gangesh Kumar Thakur @ Gangesh Thakur. However, the bail application filed by the appellant was dismissed vide impugned order dated 06.03.2023. Aggrieved against the same, the appellant filed the SLP Special Leave Petition (Criminal) No. 12301 of 2023 before this Court. Notice in the same was issued on 22.09.2023. When the matter was listed on 08.11.2023, learned counsel for the State sought time to file counter affidavit. On 06.12.2023, the learned counsel for the appellant pointed out that during the pendency of the present matter before this Court, the High Court vide order dated 11.10.2023 had granted bail to the appellant. As he did not have hard copy of the order passed by the High Court, he placed before us a soft copy of the said order through his mobile phone. On a reading of the aforesaid order, this Court found that the same neither mentioned the fact that it was the second ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Additional Secretary (Law) attached to the High Court. List this matter again on 13th December, 2023. 13. In terms of the aforesaid order, this Court received the original record pertaining to second bail application filed by the appellant in which he was granted bail by the High Court vide order dated 11.10.2023; a report dated 08.12.2023 from the High Court along with a note from the Hon ble Judge who had dealt with the bail application filed by the appellant and passed the order on 11.10.2023; affidavit of Special Secretary, Home Department, Government of Odisha dated 11.12.2023 and affidavit and report of Principal Secretary, Law Department, Government of Odisha dated 12.12.2023. 14. Before we deal with the matter, we deem it appropriate to note down the dates and events in a tabular form. DATE EVENTS 03.02.2022 FIR No.29 dated 03.02.2022 was registered at Police Station Orkel, District Malkangiri, Odisha, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 03.02.2022 The appellant as well as co-ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before this Court, the appellant filed second bail application before the High Court and the same was not disclosed before this Court. 22.09.2023 Notice in the SLP was issued to the respondent. 11.10.2023 During pendency of the matter before this Court Judge B granted bail to the appellant. 08.11.2023 Learned counsel for the State appeared and sought time for filing counter affidavit to the SLP. Though the High Court had already granted bail to the appellant but still it was not pointed out when the matter was taken up by this Court. 06.12.2023 Learned counsel for the appellant pointed out before this Court that the appellant had already been released by the High Court. This Court called for explanation and the record of the case from the High Court. 15. In the Affidavit dated 11.12.2023 filed by the Principal Secretary, Law Department, Govt. of Odisha, while narrating the facts of the case, it was stated that the learned counsel appearing for the State in the High Court did not have the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below: 2. The subsequent bail applications under section 439 Cr.P.C. including applications for interim bail shall be listed before the Hon'ble Judge who, at the earliest, decided any of the earlier bail applications under section 439 Cr.P.C. arising out of the same FIR (decided on merit or disposed of as withdrawn/not pressed). In the event the Hon'ble Judge is not available on account of superannuation, transfer etc. or recuses, the said application shall be listed before the Hon'ble Judge who next disposed of any of those bail applications, and so on. If none of the Hon'ble Judges who decided the earlier bail applications is available, the application shall be listed before the regular Bench as per roster. 17. In substance, it was directed that the Stamp Reporting Section will verify in case any bail application arising out of the same FIR has been disposed of earlier. The Stamp Reporting Section shall furnish complete details. The subsequent bail applications are to be listed before the same Judge. However, in case of non-availability or superannuation of the that Judge, alternate system has been provided. It is further directed that while listing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17.01.2023 passed in the bail application, filed by the co-accused Gangesh Kumar Thakur was annexed. Further, in the list of dates and events, the appellant did not mention regarding disposal of his earlier bail application by the High Court and also filing of the SLP in this Court. Though, just below the name of the parties, the appellant had mentioned the number of earlier bail application filed by him. Even in the body of the bail application, the appellant has conspicuously remained silent about the dismissal of his earlier bail application by the High Court and filing of the SLP before this Court. During the pendency of the matter before this court a fresh bail application was filed not only before the Trial Court but even before the High Court. The High Court even granted bail to the appellant. In the bail application filed before the High Court, it was not mentioned that the same was second bail application filed by the appellant. This Court cannot comment on the contents of the bail application filed before the Sessions Judge as the copy thereof is not available on record here. 19. It is further evident from the order dated 17.01.2023 vide which bail application, BLAPL N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estions are with a view to streamline the proceedings and avoid anomalies with reference to the bail applications being filed in the cases pending trial and even for suspension of sentence. 22. Though considering the conduct of the petitioner, one of the option available was to cancel his bail, however, we do not propose to take such an extreme step in the case in hand. However, this can be the option exercised by the Court if the facts of the case so demand seeing the conduct of the parties. 23. The present appeal is, accordingly, dismissed as infructuous. However, still we deem it appropriate to burden the appellant with a token cost of ₹10,000/-, which shall be deposited by him with Mediation and Conciliation Centre, attached to Orissa High Court, within a period of eight weeks from today. Within two weeks thereafter, proof of deposit be furnished in this Court. 24. A copy of the order be sent to the Registrars General of all the High Courts to be placed before the Chief Justices for correction of the system, wherever required, as this Court comes across similar issues from different High Courts. 25. The original record received from the High Court be sent back ..... X X X X Extracts X X X X X X X X Extracts X X X X
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