Punjab and Haryana High Court: Impersonation, forgery of papers on rise in bail matters

Saurabh Malik

Tribune News Service

Chandigarh, December 1

The Punjab and Haryana High Court has asserted that impersonation while presenting sureties and submission of forged/fake documentation by the sureties in bail matters was “unfortunately” on a rise. Making it clear that it interfered with the administration of justice, Justice Deepak Sibal asserted that the menace was required to be curbed.

Justice Sibal also put Additional Solicitor General of India Satya Pal Jain on notice in the matter, while appointing advocate Sukesh K Jindal as an amicus curiae to assist the Bench in the matter. Before parting with the order, Justice Sibal fixed the case for further hearing in January third week.

Justice Sibal had earlier rapped a trial court for acting mechanically while accepting false sureties and bail bonds in a case allegedly involving fake invoices of Rs 393 crore. The Ludhiana District and Sessions Judge was also directed to hold an inquiry and submit a conclusive inquiry report.

Justice Sibal had at that time also asserted that furnishing false sureties at the time of release of an accused on bail clearly amounted to interference in the administration of justice. It was a menace, which continued to be rampant despite issuance of directions by the High Court in December 2011 in the case of “Rajinder Kumar versus State of Haryana”. The same was required to be put to an end.

Justice Sibal had added the trial court’s “satisfaction” at the time of accepting false sureties and bail bonds was, prima facie, recorded rather mechanically and ex-facie in violation of the directions issued and circulated by the High Court in Rajinder Kumar’s case.

Cheating case

• The trial court in January granted bail to the petitioner, subject to furnishing of two sureties of Rs1 crore
• It accepted the sureties and ordered the petitioner's release
• It was later revealed that both the sureties had actually not given their consent

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