PANAJI
An inconclusive CFSL report that could not establish that land-grab accused Siddique alias Suleman Khan forged a disputed sale deed became the decisive factor in obtaining bail on Friday.
Additional Sessions Judge-1, Merces, Bosco G F Roberts, observed that the report from the Central Forensic Science Laboratory (CFSL), Pune, constituted a "material change" in circumstances since Siddique’s earlier bail plea was rejected. The accused was thus granted bail on a personal bond of Rs 50,000 and one local surety of the same amount, among other conditions.
"The CFSL Report stating that it is not possible to state conclusively that it was the Accused who had forged the sale deed constitutes a material change in his circumstances, entitling him to move the present bail application. It is not denied that the Accused has secured bail in all other cases pending against him, including one where he is said to have escaped legal custody," reads the order.
"The only plausible reason to deny bail is said to be the proposed further investigations by which further specimen signatures of the Accused are required to be sent for forensic examination. This does not warrant the further detention of the Accused in judicial custody. There is nothing to show that while he was absconding, the Accused had made any attempt to tamper with the evidence or to threaten or influence any of the witnesses of this or the other cases registered against him..."
Siddique has been in custody since November 2024 in the alleged forgery and fraudulent use of a sale deed relating to property at Chalta No. 2 of PT Sheet No. 67, City Survey Mapusa.
During the hearing of his bail plea, the prosecution alleged the deed was forged, inserted into the Sub-Registrar’s records and subsequently used to mutate the property in Siddique’s name. Hence, his custody was required.
Advocate Sahil Sardessai, appearing for Siddique, pointed out that, after several years of investigations and the Accused being in custody, the CFSL report of the alleged forgery is still inconclusive.
"Just because the Prosecution may seek leave of this Court for further investigation to obtain the specimen signature or handwriting samples of the Accused cannot be a ground to deny him bail," he submitted.
The court meanwhile also held that the disappearance of old registration records could not, by itself, establish that the sale deed was forged.
Forgery case: Inconclusive forensic report paves way for Siddique’s bail
Court says CFSL finding amounts to ‘material change’ in circumstances
