Gujarat High Court Grants Bail To Alleged Nepali Citizen Booked For Forging Indian Passport By Using ID Of Another

The Gujarat High Court last week granted regular bail to a man–allegedly a Nepali citizen, who was booked for forging an Indian passport by using "forged ID proof and other documents" in the name of another individual. 

In doing so the high court reiterated the “bail is rule and jail is exception” principle and that prolonged pre-trial detention could equate to “pre-trial conviction,” which contradicts the principles of personal liberty under Article 21 of the Constitution of India. 

A single judge bench of Justice Hasmukh D Suthar in its October 23 order while considering the man's regular bail plea noted that the investigation is over and charge-sheet is filed. 

It further noted that the applicant has been in jail since June this year, has no past antecedents and that nothing is required to be recovered and discovered from the accused. It further noted that the applicant was earning his livelihood in New Delhi and Panipat, Haryana for the last six years.

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

It thereafter said, "Obviously, the conclusion of trial will take time as permission under the Passport Act is yet to be received and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration". 

The FIR was registered under IPC Sections 406 (criminal breach of trust), 465 (punishment for forgery), 467 (forgery of valuable security, will or other documents), 468 (forgery for purpose of cheating) and 471 (Usage of a genuine document as forged) and Section 12(2) (anyone who helps commit an offence punishable will receive the same punishment as the offence) of the Passport Act.

It was alleged that the applicant is a citizen of Nepal and forged an Indian passport and other identification documents in the name of one Surajsingh Deviraj.

The Counsel appearing for the applicant submitted that the applicant is innocent and has been falsely implicated. He said that since the investigation is complete and the charge-sheet has been filed, there is nothing left for authorities to recover from him. He further assured the Court that the applicant will attend all required proceedings and provide a local surety of Ahmedabad.

The high court thereafter said, "In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed". 

The high court thereafter granted the applicant bail subject to him furnishing a personal bond of Rs 25,000 with one local surety of Ahmedabad. The court also imposed other conditions on the applicant including that he must surrender his passport to the trial court within a week, not to leave the State without the trial court's prior permission,  furnish his UIDAI number, Contact Number/s, Passport Number, E-mail address and present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond.

Case Title: Jagat Bahadur Deviram Aitaram Dalami v/s State of Gujarat

LL citation: 2024 LiveLaw (Guj) 162

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