Delhi District Court
Criminal Revision No. 12/2008 1 State vs Balwant Singh on 12 March, 2008
Criminal Revision No. 12/2008 1 State Vs Balwant Singh
IN THE COURT OF SH. VINOD KUMAR
ADDITIONAL SESSIONS JUDGE, NEW DELHI
Criminal Revision No. 12/2008
Balwant Singh Vs. State
FIR No. 1/2008
PS IGI Airport
U/s 12 Passport Act
Date of institution : 1.3.2008
Date of arguments : 12.3.2008
Date of order : 12.3.2008
ORDER
1. This is a revision petition directed against the order dated 23.2.2008 passed by Sh. Ajay Goel, Ld. Link Metropolitan Magistrate to Ld. Additional Chief Metropolitan Magistrate, New Delhi vide which he ordered release of the passport to applicant on superdari subject to the conditions that he would furnish an FDR in the sum of Rs.50,000/ apart from the other conditions.
2. Ld. Counsel for revisionist has moved an application submitting that he admits that the visa of Malaysia on his passport is forged, however he was not aware of this fact. He Criminal Revision No. 12/2008 2 State Vs Balwant Singh further submits that revisionist/accused is a very poor person and he is not able to deposit Rs.50,000/. But instead of depositing the cash FDR, the revisionist may be allowed to deposit the papers of the property of his surety. It is submitted that the surety is the father in law of the revisionist.
3. In the present case revisionist is an accused in case FIR No. 1/2008, under Section 12 of Passport Act, PS IGI Airport. It is alleged against him that visa of Malaysia fixed on his passport was forged but the passport itself is genuine. It is submitted that the work permit of the revisionist issued from Dubai would expire on 24.9.2008. It is submitted that the condition of depositing Rs.50,000/ is too heavy and revisionist cannot afford it being a poor labour earning only about Rs.1350/ Dirham in Dubai. It is further argued by Ld. Defence Counsel that even further conditions of superdari are quite oppressive.
4. I have considered all facts and circumstances of the present case and in view of the fact that the revisionist is not disputing that the visa of Malaysia is forged, therefore the apprehension of the prosecution that material piece of evidence would be destroy has become baseless specially when the revisionist has admitted this fact in writing. In these circumstances I set aside Criminal Revision No. 12/2008 3 State Vs Balwant Singh the impugned order and direct Ld. Additional Chief Metropolitan Magistrate, New Delhi to release the passport on superdari to the revisionist on his furnishing superdarinama in the sum of Rs.50,000/. Apart from it the revisionist shall also furnish an undertaking by Sh. Randhir Singh the father in law of the revisionist that in case the revisionist does not produce the passport as and when required by the trial court, Sh. Randhir Singh shall deposit Rs.50,000/ with the trial court and in case he fails to deposit this amount, his land (documents of which would be furnished by Sh. Randhir Singh before Ld. ACMM shall be liable to attach).
5. With these observations and directions the revision petition is disposed of. Copy of this order along with signed copy of the application of revisionist in which he has admitted that the visa of Malaysia on his passport is forged be sent to Ld. Additional Chief Metropolitan Magistrate, New Delhi today itself at 3:00 pm. Revision file be consigned to record room.
Announced in the open court on 12.3.2008.
(VINOD KUMAR) Additional Sessions Judge Patiala House Courts New Delhi