PANJIM: The Additional Sessions Judge-I at Merces, Bosco G. F. Roberts granted bail to Siddique alias Suleman Khan, an accused in a forgery case registered at the Mapusa Police Station, observing that the subsequent CFSL report, which was inconclusive as to whether the accused had forged the disputed sale deed, constituted a material change in circumstances.
The order was passed on Friday in Sessions case (Original) No. 85/2025, on the accused’s third bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The accused was in custody since November 2024.
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The case concerns allegations relating to a purported forged sale deed concerning property bearing Chalta No. 2 of P.T. Sheet No. 67 of City Survey Mapusa. According to the prosecution, the accused along with unknown accomplices, had allegedly prepared a forged and fraudulent sale deed and subsequently used a certified copy of the document as genuine before the Inspector of Survey and Land Records, Mapusa, allegedly with a view to altering the relevant land records.
The accused denied the allegations and contended that he was a bona fide purchaser of the property. His defence also relied upon developments that had occurred after the rejection of his earlier bail application, particularly the receipt of the CFSL report.
The Court noted that the CFSL report was received subsequently and did not conclusively establish that the accused was the author of the questioned document. The Court held that this constituted a material change in circumstances warranting consideration of the fresh bail application.
While considering the allegation under Section 467 of the IPC, the Court observed that the CFSL report was unable to state whether the accused had forged the sale deed.
The prosecution proposed obtaining further specimen signatures and handwriting samples of the accused for forensic examination. However, the Court observed that the proposed further investigation would take considerable time and that continued incarceration during such investigation would amount to pre-trial punishment.
The Court also examined the allegation under Section 472 IPC, relating to counterfeiting seals. It noted that the chargesheet did not contain material demonstrating that the accused had been in possession of, or had used, counterfeit seals for forging the sale deed. The prosecution’s contention that the accused may have destroyed such seals was found to be based on surmises and hypotheses without supporting material in the chargesheet.
Another significant aspect considered by the Court was the inability of the prosecution to trace the original records relating to the alleged sale deed from the office of the Sub-Registrar, Bardez.
The Court further noted that the alleged sale deed was more than 25 years old and that no stakeholder had, till the date of the order, sought cancellation of the document. It also observed that issues concerning title to the property would fall within the jurisdiction of the civil court.
The Court allowed the bail application and directed that the accused be released on furnishing a bail bond of Rs 50,000 with one surety in the like amount. He has been refrained from contacting or influencing witnesses and not to tamper with prosecution evidence.
Adv. Vinayak D. Porob with Adv Sahil Sardesai appeared for the accused, while the prosecution was represented by Public Prosecutors Prashila Narulkar and Darshan Gawas.
