Father files false affidavit about death of non-existent daughter to secure bail for convicted son, Gujarat HC orders perjury proceedings

The Gujarat High Court has ordered perjury proceedings to be initiated against a convict’s father who swore a false affidavit in an attempt to secure temporary bail for his convicted son..In an order passed on March 28, a Bench of Justices JB Pardiwala and AC Rao also ordered registration of FIR for the offence of forgery noting that an employee of Ahmedabad Municipal Corporation could be involved in helping the father procure a bogus death certificate..The application seeking temporary bail was filed at the instance of a convict-accused through his father, Pradhyumanbhai Bhagvandas Raval, on the ground that the sister of the convict, Payalben passed away..The application was affirmed on oath by Pradhyumanbhai Bhagvandas Raval. Along with the application, a death certificate was also annexed purported to have been issued by the Ahmedabad Municipal Corporation..In such circumstance, the High Court directed the Additional Public Prosecutor to inquire about the demise of Payalben..The inquiry undertaken revealed that there was no lady by the name Payalben..The Court, therefore, noted that an absolutely false and bogus ground was raised in the application for the purpose of temporary bail..Subsequently, the counsel appearing for the applicant-convict placed on record an affidavit filed by Pradhyumanbhai Bhagvandas Raval admitting that he preferred a bogus application by adducing false evidence for the purpose of getting his son released on temporary bail..In the affidavit, an unconditional apology was tendered and it was prayed that he may be pardoned. Pradhyumanbhai in his affidavit also tried to explain the circumstances, in which, such false application came to be filed..The Court, therefore, held that the father of the convict was prima facie guilty of the offence of perjury and also, for the offence of forgery..“No further adjudication is required in the matter. Primafacie, the father of the convict viz.Pradhyumanbhai Bhagvandas Raval is guilty of perjury.”.The Court, therefore, directed the Registrar General of the High Court to initiate appropriate legal proceedings against Pradhyumanbhai Bhagvandas Raval before the appropriate court in accordance with law..The Court also directed the Registrar General to authorize a particular Officer for the purpose of lodging a First Information Report at the concerned police station for the offence of forgery..This was because the Court was prima facie of the view that few other persons could have been involved in the fraud. That other person could be an employee of the Ahmedabad Municipal Corporation with whose help the bogus death certificate had been procured and placed on record, the Court said..Regarding whether the convict himself was a party to the fraud, the Court did not draw any conclusions. However, it did express its doubts regarding the same..“We have our own doubts whether the convict is a party to this fraud played upon by his father or not.”.It, therefore, directed that a copy of this order shall be annexed by the jail authority every time, the convict prays for temporary bail through jail..“If an application for temporary bail is filed through a lawyer, then the Registry shall ensure that the copy of this order is placed before the court concerned.”.With these directions, the Court disposed of the application..[Read Order].Bar & Bench is available on WhatsApp. For real-time updates on stories, click here to subscribe to our WhatsApp.