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The Delhi High Court in its order today, showed extreme displeasure at petitioner’s act of placing forged COVID positive report to seek extension of interim bail.

Justice Prathiba M Singh, while exercising powers under section 340 r/w section 195, CrPC, directed the Registrar General to refer the matter to concerned Judicial Magistrate, to conduct an inquiry against the Petitioner, his four nephews, the nursing assistant at District MMG hospital and Anand Kataria, Counsel for the petitioner.

Court added that the role of police authorities would also be inquired by the said Magistrate, followed by institution of FIR, in accordance with law.

“In the administration of the criminal justice, all authorities have a very important role to play viz., parties, counsels, police authorities, hospital authorities, jail authorities etc. It hardly needs reiteration that parties who come to Court have to come with clean hands. Especially during the pandemic, the Courts have been empathetic and compassionate towards persons who have been infected with Covid-19. Thus, to encash upon this empathy of Courts and to place on record forged and fabricated test reports is not condonable, at all.

Moreover, the incorrect and misleading statements made before this Court claiming lack of knowledge, when clearly it is shown from the inquiry report, that the Petitioner had met one of the counsels on the day when he had absconded and has been in touch with the said counsel even thereafter, reveals the intent to obtain extension for surrender by misleading the Court.

The practices adopted in this case, by the Petitioner, his relatives, one of the counsels as also the callousness of the police authorities, clearly reveals the underbelly of the practice of criminal law. Counsels who appear in such matters have a greater duty towards the Court to ensure that the majesty of the Court is not lowered and that Courts are not misled into passing orders based on forged and fabricated documents and misleading/misrepresentative facts.

The faith of Courts in counsels would be completely eroded if such conduct is indulged in by counsels.” ~ Delhi High Court

The Petitioner initially obtained interim bail from the Trial court. Thereafter, he sought an extension which was denied.

He then approached the High Court on the basis of a test report purportedly showing him COVID-19 positive. On the strength of the said report, he was granted an extension for surrender.

After when he was arrested and moved to custody, it was found that the test report filed before the High Court was forged and fabricated. Further investigation disclosed that several persons including the Petitioner, his four nephews and also his counsel were involved in misleading the Court.

An FIR was registered against the petitioner under section 3(4) Maharashtra Control of Organized Crime Act, 1999 “MACOCA” at Police Station Karawal Nagar, South East Delhi.

The Petitioner was in judicial custody since March 20, 2018. On 1st June, 2020 he was released on bail by the duty ASJ, North East District, Karkardooma Court on the ground that his wife has to undergo surgery for gallbladder. Since the operation was delayed, extension of bail was sought. The Petitioner’s wife’s surgery was conducted on June 16, 2020. Bail was thereafter extended by the Trial Court and finally vide order dated June 25, 2020 the Petitioner was directed to surrender before the authorities on or before June 29, 2020.

Case Title: Narender Kasana v. State Of NCT of Delhi | BAIL Application No. 1886 of 2020