WWW.LIVELAW.IN 1
ITEM NO.9
COURT NO.7
SECTION II-A
S U P R E M E C O U R T O F RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (Crl.)
I N D I A No.
7988/2017
(Arising out of impugned final judgment and order dated 21-08-2017 in BA No. 4706/2017 passed by the High Court Of Jharkhand At Ranchi) NIRMALA DEVI
Petitioner(s) VERSUS
THE STATE OF JHARKHAND
Respondent(s)
(With appln(s) for exemption from filing c/c of the impugned judgment, exemption from filing O.T. and permission to file addl. documents) WITH SLP(Crl) No. 7965/2017 (II-A) (With appln(s) for exemption from filing c/c of the impugned judgment, exemption from filing O.T. and permission to file addl. documents) Date : 08-11-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s)
For Respondent(s)
Signature Not Verified Digitally signed by CHARANJEET KAUR Date: 2017.11.08 17:04:26 IST Reason:
Mr. Mr. Mr. Mr. for
Vivek K. Tankha, Sr. Adv. Prashant Kumar, Adv. Abhishek Krishna Gupta, Adv. Prashant Sivarajan, Adv. M/S. AP & J Chambers, AOR
Mr. Ajit Kr. Sinha, Sr. Adv. Mr. Krishnanand Pandeya, AOR
UPON hearing the counsel the Court made the following O R D E R Shri
Vivek
Tankha,
learned
appearing for the petitioners
senior
counsel
has placed before us
certified copies of two orders purported to have been
WWW.LIVELAW.IN 2 passed by the High Court of Jharkhand at Ranchi,
(i)
in B.A. No. 5019 of 2017 in Yogendra Sao @ Yogendra Saw vs. The State of
Jharkhand and
(ii) in B.A. No.
4706 of 2017 in Nirmala Devi, wife of Yogendra Saw vs. The State of Jharkhand, C.A.V. On 11.08.2017 and pronounced on 21.08.2017. Re: Nirmala Devi, wife of Yogendra Saw (B.A. No. 4706/2017 In the aforesaid case, the prayer for grant of bail
to
the
petitioner
Nirmala
This order is in two parts.
Devi
is
rejected.
The first part ends at
page No. 4, rejecting the prayer for bail. followed
by
the
signatures
of
the
This is
learned
Judge.
However, the second part of this order is on pages Nos. 5 and 6 which has also ended in rejection of the bail after further discussion.
This again appears
to have been signed by the learned Judge.
There is
an endorsement that it is a "certified true copy". Re: Yogendra Sao @ Yogendra Saw (B.A. No. 5019/2017) The first part of the order in this case ends on the 4th page.
By this order, the petitioner's
prayer for bail is rejected.
This appears to be
followed by a signature of the learned Judge.
The
second part of this order is on pages 5 and 6.
This
part ends however, with a complete contradiction of the first part of the same order.
This part of the
order accepts the bail application and releases the petitioner, Yogendra Sao on bail on furnishing bail bonds of 50,000/- (Rupees Fifty Thousand). According
to
Shri
Tankha,
learned
senior
counsel for the petitioners, the second part of both
WWW.LIVELAW.IN 3 orders were initially uploaded on the website of the High
Court
but
subsequently
removed
and
are
not
visible on the website now. We consider this to be a serious matter and having a
tendency
to bring the administration of
justice into disrepute. In the circumstances, we the Chief
request the Hon'ble
Justice of Jharkhand High Court to conduct
an enquiry, or to have it conducted by a suitable independent officer, into the aforesaid orders and determine how the above orders came into existence and the state in which they were uploaded on the website and removed. The report in this regard shall be submitted to this Court after placing the same before the Chief Justice of the High Court and shall be forwarded with an endorsement of the Hon'ble Chief Justice of the Jharkhand
High
Court
sealed
cover
today.
order accordingly.
The
within
and
certified
a
comments,
period
copies
of
of
the
if
four
any, weeks
in
a
from
afore-mentioned
orders produced today by Shri Tankha, learned senior counsel are taken on record, to be kept in a sealed cover. List the matters on 13.12.2017.
[ Charanjeet Kaur ] A.R.-cum-P.S.
[ Indu Kumari Pokhriyal ] Branch Officer
