# inspections to the accused's people on payment of illegal gratification

- **Citation:** C. L. No. 78/VIII-b-121
- **Court:** Allahabad High Court
- **Decided:** 1939-12-13
- **Case number:** C. L. No. 78/VIII-b-121
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/inspections-to-the-accused-s-people-on-payment-of-illegal-gratification-162905
- **Pages:** 1

## Text

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inspections to the accused's people on payment of illegal gratification.
This source of corruption has been eliminated in the courts of those
Magistrates who are strict in not giving the first remand until the papers
have been received.
(3)
Common experience is that A.P.P. does not give a report on bail
application even for contesting it unless he is paid. This form of corruption
can be eliminated. To this end the procedure should be that bail
applications are entertained directly by the officers after service of its copy
on the A.P.P. leaving it to the A.P.P. to appear and oppose it at the fixed
time when it will be heard by the court. The practice of asking the litigant
to obtain a report from the A.P.P. before entertaining the bail application
must be given up.
(4)
Experience is that the clerk who prepares the warrant rehai commits minor
mistakes in cases in which he is not paid by the accused's people.
Similarly, the peon who takes the warrant rehai to the jail makes delay so
as to reach the jail after the closing time, in cases, he is not paid. To
eliminate this source of corruption ;the clerk as well as the peon should be
told that if they commit even a minor mistake or do not reach the jail
within time, it would be presumed that they have done so for dishonest
and ulterior motives and that stern disciplinary action will be taken against
them. In such cases disciplinary action should be taken whenever an
occasion arises.
(5)
The procedure for verification for surety bonds, should after a discussion
among the officers, be made uniform in the judgeship.
G. L. No. 51/46/120-92 dated 13th December, 1939 modified by
G. L. No. 14 of 1940
(1)
Repayment orders should ordinarily be issued within seven days of the granting
of the application by the court. Presiding Officers should periodically examine
the register of applications for repayment of deposits and see that this is being
done.
(2)
When dates have been fixed in cases, they should be entered in the diary by the
clerks-concerned within three days.
The diary should be kept complete and placed on the table of the munsarims
between 12 noon and 4 p.m. on each working day and should be open to inspection by
the lawyers or their registered clerks or the parties.
C. L. No. 78/VIII-b-121, dated 6th November, 1973
The Readers of the courts doing exclusively criminal work should maintain
a diary in the following proforma:-