Punjab and Haryana High Court Quashes FIR Against Kolkata Residents in Forgery Case
Court Finds Lack of Mens Rea and Conspiracy, Emphasizes Need for Progressive Bail Practices
News Report: In a significant ruling, the Punjab and Haryana High Court has quashed an FIR against Sumit Sharma and another petitioner from Kolkata, who were accused in a forgery case related to bail proceedings in Gurugram. The petitioners were charged under sections 120-B, 419, 420, 467, 468, and 471 of the Indian Penal Code (IPC) for allegedly submitting forged documents through sureties.
The judgment delivered by Justice Sumeet Goel highlighted the absence of culpable mens rea or conspiracy on the part of the petitioners. The court noted that the petitioners had no personal acquaintance with the sureties involved and did not benefit from the forged documents as their bail applications were rejected. The trial court had previously allowed the petitioners to furnish fresh bonds, recognizing their bona fides.
The High Court underscored the archaic practice of insisting on local sureties for bail, deeming it violative of fundamental rights under Article 14 of the Constitution. The court advised a progressive approach to ensure practical accessibility to bail, aligning with directives from the Supreme Court in previous judgments.
The ruling emphasized that the allegations against the petitioners lacked sufficient evidence of a premeditated agreement necessary to establish criminal conspiracy. The court found the petitioners' actions disconnected from any unlawful purpose, thereby preventing an abuse of process of law.
This judgment reflects the court's commitment to upholding justice by considering the broader societal realities and ensuring that legal practices evolve to meet contemporary needs.
Bottom Line:
Quashing of FIR under Sections 120-B, 419, 420, 467, 468, and 471 IPC - Petitioners not complicit in forgery of documents submitted by sureties - Absence of mens rea and conspiracy on part of petitioners established - FIR quashed to prevent abuse of process of law.
Statutory Provision(s): Section 482 of the Code of Criminal Procedure, 1973; Sections 120-B, 419, 420, 467, 468, and 471 of the Indian Penal Code, 1860
Sumit Sharma v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2780134
