Petitioner arrested for allegedly traveling abroad using a fake passport in the name of a proclaimed offender. Single judge granted regular bail, noting the passport is case property and trial will be long.
Petitioner released on bail on furnishing bond/surety to the satisfaction of the trial Court but will not be allowed to travel abroad during trial.
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Crl.Misc. No.M-17915 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: August 12, 2011.
Crl.Misc. No.M-17915 of 2011.
Butta Singh
.. Petitioner
VERSUS
State of Punjab.
.. Respondent
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Kr.N.P.Singh, Adv., for the petitioner.
Mr.Kiratpal Singh Sidhu, DAG., Punjab.
M.M.S.BEDI, J (ORAL).
Petitioner is alleged to have used the passport of Tarsem Singh to travel abroad and get immigration in USA. Under the fake name, he had even been granted Green Card. The petitioner was apprehended on the return to India at Raja Sansi Airport as the original Tarsem Singh had been a proclaimed offender in FIR No.78 of the year 2008, registered at Police Station, Bhogpur, District Jalandhar. Though I reject the contention of counsel for the petitioner that the petitioner is an illiterate person and he did not know that he had been travelling under the name of Tarsem Singh,
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Crl.Misc. No.M-17915 of 2011
against a fake passport but since the said deception could not be detected w.e.f. 1989 till 2011 and petitioner has admitted on interrogation that his actual name was Boota Singh son of Surinder Singh and he had been issued a false passport in the name of Tarsem Singh, he can be granted the concession of regular bail as the trial is likely to take a long time and the chances of petitioner absconding are remote, the passport being the case property in the present case. He has been in custody w.e.f. 21.04.2011.
The petition is allowed. It is ordered that the petitioner will be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court. The petitioner will not be entitled to travel abroad on the basis of any other travel document in the name of the petitioner during the pendency of the trial.
August 12, 2011. rka
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1 issue framed by the court
Whether the petitioner, arrested for using a fake passport borrowed by a proclaimed offender, should be granted bail given the length of the trial and lack of risk of absconding.
Butta Singh
State of Punjab
M.M.S.BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
