From Our Bureau
NEW DELHI: A forger from Thane who tried to take bail on the basis of a fabricated certificate of being Covid-19 positive escaped contempt of court as he was let off by the Supreme Court with one-day sentence till the rising of the court in view of his acceptance of guilt with an unconditional apology. He as also fined Rs 2,000.
A Bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Pamidighantam Sri Narasimha also accepted his counsel’s statement that he shall surrender before the concerned court within seven days. If he prefers any application for bail thereafter, the same shall be considered on its own merits, the Court said.
It took lenient view since accused Henry Nikolas Fernandes “accepted the guilt (of contempt) right at the initial stage and tendered apology,” though it held him guilty of having committed contempt of court since he had “knowingly place a document whieh he was aware to be a forged and fabricated one.” Fernandes was himself present in the court.
In a lengthy order, which also carries his acceptance of guilt, the Court noted that he had come in appeal against the Bombay High Court on 22.01.2021 cancelled his bail by a judicial magistrate. The Supreme Court did not find any reason to interfere and dismissed his appeal.
On the request of his counsel seeking two weeks to surrender himself before the concerned court, with a prayer that the judicial magistrate may consider his bail application on the same day of surrender or he be given four weeks to surrender.
Alongwith the application, he had produced a laboratory test report by two doctors, purportedly stating that he was detected to be Covid-19 positive to persuade the court to consider his request. The court did not extend his surrender period, but on the complainant alleging that the Covid certificate was forged. The doctors submitted that the certificate carrying the number was not issued to him but to one Ms Rukhsana Yasin Dhuaru on 27.04.2021.
Pursuant to a contempt notice to Fernandes, he tendered “an unconditional, unreserved and heartfelt apology” for filing the fabricated medical certificate, stating that he was under tremendous pressures and he deeply regrets his action. The apology said his wife was in poor health and needed her knees replaced and he was fearful of she getting infected with Covid-19 since her sickness is a dangerous comorbidity for Covid-19.
“This was also one reasons why I was desperate to avoid entanglement in the criminal justice system where I might contract the virus and thereby endanger my wife’s life,” reads the apology and he pleaded that he was hesitant to surrender since his bail application would not be heard for months due to the Covid-related pile-up of cases and reduced functioning of courts.
After being incarcerated since the month of September 2021, he was able to secure bail from the sessions court of Dindoshi (Mumbai) in large part due to observations of the Apex Court on February 21. Prior to that, his bail application was listed for 35 hearings before he finally obtained the bail.
Fernandes claimed he was legally advised by his erstwhile advocate that he would be in a position to get an extension of time to surrender if he otains Covid report in whatsoever form it may be. He stated that he has not obtained any favourable orders from the apex court using the certificate which was not genuine.
He sought “one last opportunity at redemption” while regretting his wrong doings due to be “under tremendous pressure from various quarters and out of desperation.”
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