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PRATHIBA M. SINGH
Narender Kasana @ Narendra Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT :
Prathiba M. Singh, J.
1. A forged and fabricated Covid-19 certificate filed by the Petitioner to seek extension of his interim bail is the gravamen of the issue being considered. The onset of the Covid-19 pandemic has resulted in severe pressure on criminal Courts including in bail matters etc. Hundreds of cases have been filed before Courts, where bail or extension of bail has been sought on the basis of Covid-19 test reports however; it is not in all cases that such reports are genuine. As the facts of the present case would reveal, the Petitioner initially obtained interim bail from the trial court. Thereafter he sought extension of the bail, which was declined. He then approached this court by filing the present petition, on the basis of a test report purportedly showing him to be COVID-19 positive. On the strength of the said report, extension was granted for his surrender. He then absconded and non-bailable warrants were issued by this court. Finally, he was arrested and is currently in custody. During this process, it was revealed that the Covid-19 test report which
Point of law: Grant of bail based on Forged and fabricated Covid-19 certificate - Court in exercise of powers under S. 340 Cr.P.C. read with S. 195 Cr.PC., directs Registrar General to refer matter t....
Rejection of Bail - False COVID positive report - Applicant’s presence is required through his custodial interrogation to trace out the links in the chain of the alleged conspiracy for making of the ....
Point of law : personal knowledge of the advocate of the applicant is being narrated in the affidavit to suggest the same to be the personal knowledge of the applicant.
The accused must be the maker of the false document to be prosecuted for forgery, as highlighted in the Indian Penal Code and supported by the decision in Sheila Sebastian vs. R. Jawaharaj (2018) 7 S....
The court denied bail due to the petitioner's misuse of interim bail and involvement in multiple NDPS Act cases, emphasizing the need for procedural adherence and the risk of reoffending.
(1) Present pandemic situation requires that an accused involved in offences attracting imprisonment only up to seven years need not be arrested and confined to custody unless it is essential and im....
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
The pendency of other criminal cases against the petitioner cannot be the sole ground for refusal of bail, and the court must consider the evidence and statutory provisions in granting bail.
Delay in filing an FIR and contradictions in witness statements can undermine the prosecution's case, leading to approval for bail despite serious allegations.
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