Gujarat High Court Grants Bail to Nepali Citizen Arrested for Alleging Forgery of Indian Passport Using Someone Else’s Identity

The Gujarat High Court last week granted regular bail to a man alleged to be a Nepali national who was arrested for forging an Indian passport by using “fake identity card and other documents” in the name of another person.

In doing so, the apex court reiterated the principle that “bail is the rule, imprisonment is the exception” and that prolonged pre-trial detention could amount to “pre-trial conviction”, which is in conflict with the principles of personal liberty in Article 21 of the Constitution of India. .

single judge bench Justice Hasmukh D Suthar In his decision dated October 23, while evaluating the man’s request for ordinary bail, he noted that the investigation was over and the indictment was prepared.

He further stated that the applicant has been in prison since June this year, has no past history and nothing is required to be rescued and discovered from the accused. He further stated that the applicant had been earning his living in New Delhi and Panipat, Haryana for the last six years.

Justice Suthar also relied on the law laid down by the Supreme Court in its 2012 judgment. Sanjay Chandra vs Central Bureau of Investigation And Gudikanti Narasimhlu and Ors vs. Andhra Pradesh High Court Public Prosecutor. (1978).

He later said: “Obviously, it will take time for the trial to conclude as clearance under the Passport Act is not yet obtained and keeping the accused behind bars amounts to pre-trial conviction and hence, keeping in mind the famous principle of bail jurisprudence, “bail” is available. Apart from the concept of personal freedom guaranteed under Article 21 of the Constitution of India, the present recourse is also the rule and prison is the exception.”“.

The FIR has been registered under IPC Sections 406 (criminal breach of trust), 465 (punishment for forgery), 467 (forgery of valuable security, will or other document), 468 (forgery with intent to cheat) and 471 (Use of a genuine document). Section 12(2) of the Passport Act (anyone who assists in the commission of a criminal offense shall be subject to the same punishment as the offence).

The applicant was allegedly a Nepali national and had forged an Indian passport and other identity documents named Surajsingh Deviraj.

The applicant’s lawyer maintained that the applicant was innocent and had been wrongly implicated in the crime. He said there was nothing left for the authorities to recover from him now that the investigation was complete and a charge sheet had been prepared. He also assured the Court that the applicant will attend all necessary proceedings and provide local bail in Ahmedabad.

The high court later said: “Considering the facts and circumstances of the case and the nature of the allegations made against the applicant in the FIR, without considering the evidence in detail, this Court is prima facie of the opinion that this is a case suitable for exercising its discretion and has ordered the release of the applicant on regular bail. Therefore, The present application has been allowed.“.

The high court then granted bail to the applicant on the condition that he furnishes a personal guarantee of Rs 25,000 to a local bail bondsman from Ahmedabad. The court also imposed other conditions on the applicant like he should surrender his passport to the court within a week, not to leave the State without prior permission of the court, furnish UIDAI number, Contact Number(s), Passport Number, E. – He will forward his postal address and current residential address to the Investigating Officer and also to the Court on the date of signing the bail.