NEW DELHI, May 10:
How can an accused, facing trial in a 34-year-old case, could be unaware for 17 years about the death of a person who had stood surety for him when he was granted bail, a city court has wondered.
The court said it is “hard to believe” that the accused was not aware about it.
The situation arose after the court was informed by the CBI that one of the accused, facing trial for allegedly attempting to sell land belonging to the Bombay Port Trust for Rs 2.27 crore in 1982 by forging letters of the then joint secretary of Ministry of Shipping and Transport, had concealed the fact about the death of his surety.
Accused Vineet Tiwari, a resident of Delhi, was out on bail and as per a verification report filed by the CBI before the court, his surety H L Soin had died in May 2000.
“I have specifically asked the accused (Tiwari) as to why he had not informed the court for 17 long years regarding the death of his surety, to which he states that he was not aware. It is hard to believe so,” Special CBI Judge Sanjeev Aggarwal said.
However, the court said it was accepting “with a pinch of salt” the submission of Tiwari’s counsel that the accused was not aware about the death of his surety.
“Therefore, in these circumstances this court is refraining from imposing exemplary costs upon the accused for concealing the death of his surety, which should have been brought to the notice of the court at the earliest,” it said.
The court, which accepted a new bail surety for Tiwari, has listed the matter for May 22 for hearing CBI’s application seeking cancellation of his bail.
CBI has moved an application seeking cancellation of bail on the ground that Tiwari was allegedly delaying the trial.
The court had on October 13, 2008 framed charges of cheating, forgery, conspiracy and using forged documents as genuine under various provisions of the IPC against Tiwari and L K Kaul, a resident of Delhi, in the case.
The court had said it was prima facie evident that Kaul and Tiwari had entered into criminal conspiracy with accused approver A S Master, resident of Thane in Maharashtra, to prepare false documents by forging the signatures of then joint secretary of the ministry on the letter of allotment of Bombay Port Trust land at Colaba.
It had said the land deal was allegedly made in favour of M/s North Star Corporation, a concern of Master, to induce some unidentified persons to cause wrongful gains to themselves and corresponding losses to others.
CBI had alleged that Kaul forged letters with signatures of Sinha in 1982 and obtained Rs 2.27 crore, which was divided between Kaul and Tiwari.
CBI had registered a case against Kaul, Tiwari and Master on March 22, 1983 following a complaint by P V Venkatakrishnan, the then joint secretary of the Shipping and Transport Ministry.
It was alleged that the accused were trying to sell a plot measuring 39,846 square metre of Bombay Port Trust in the name of North Star Corporation which was purportedly given on lease by the ministry for Construction of a five-star hotel.
According to the CBI, it was revealed that the accused also claimed to be in possession of letters written by Sinha allowing them to construct a five-star hotel on the land of Bombay Port Trust.
Following the investigation, it was revealed that the ministry had not issued any letter in this regard. There was also no proposal to lease out any Bombay Port Trust land for construction of a hotel, it had claimed.
Master, who had turned approver, was pardoned by the court in 1985. (PTI)
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