KULWANT SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant seeks enlargement on bail in Crime No. 218/2019 registered with Sahar Police Station for the alleged offences punishable under Section 465, 468, 471, 420 read with 34 of the Indian Penal Code , 1860 (" IPC " for short).

(2.) This Application was heard extensively on 16.01.2020 whereby the investigating officer was directed to verify the credentials of the sureties proposed to be offered by the applicant in case if the bail was granted to him. This exercise was done because the applicant is an Afghan National. Prosecution has alleged that he had illegally entered in the territory of India in 1993 due to an unrest in Afghanistan, wherein he had later married an Indian citizen and two children were born out of the said wedlock.

(3.) The prosecution has alleged the applicant alongwith his wife and minor children were found to be travelling to Canada on forged passports and such other related documents. They were subsequently detained by the Immigration Officer at Mumbai Airport in June, 2019 for investigation. It was reveled thereafter that the applicant had approached one Sameer who had then offered him service for his immigration to Canada for consideration. It is further alleged that Sameer (absconding accused) and other two accused had forged passport and other related documents and facilitated immigration for the applicant to Canada. One Kanwaljit Singh (accused - a senior citizen) was also accompanying the applicant and his family members on the Aircraft, who was allegedly going to take the applicant and his family to Canada. It is submitted that Kanwaljit Singh has been released by the learned trial Court. Four accused are absconding out of which are two accused are residents of Canada.