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New Delhi: Shocking as it may sound, most bail given to the accused in Delhi's trial courts are through fake guarantors and forged documents that often help hardened criminals get away, say police.
Lawyers, courts and police finally seem to have woken up to what is known as the "fake surety network", with many admitting that the system thrives due to the collusion of black sheep among themselves.
"We have caught hold of many gangs from whom we have recovered a huge number of fake identity cards, stamps, seals and other documents that are used to provide surety bonds to bail out the accused," said a senior police official.
A surety is a guarantee document furnished by a person known to the accused when the latter is released on bail by a court. Ideally, the guarantor should be a close relative of the accused.
Police have now circulated photographs of 10 people belonging to a gang that virtually function as professional guarantors.
In December last year, police busted a surety racket and arrested seven people from Seelampur in northeast Delhi. On interrogation, they said they came from impoverished backgrounds and wanted to make a fast buck.
Increasing number
"Fake surety has become a source of income for some. There are those who stand as surety even though they do not know the accused. As a result, hardened criminals also get released," an official of Delhi Police's Crime Branch said.
The increasing number of fake guarantors has not only made court proceedings more difficult but also resulted in an increase in trial time.
D.B. Goswami, a criminal lawyer, said such gangs operate through advocates who contact them when surety is needed for a client.
"The lawyers charge 30 per cent of the surety amount from the person, which also includes the share of the person who would stand as guarantee for the accused in court," Goswami said.
"Most cases of fake surety involve offenders who belong to places outside Delhi. As these people don't have any local address to provide to the court, they adopt the illegal route of fake surety, which is very easy to follow.
"Interestingly, it's not only men but also women who are active in providing fake surety to criminals. The main reason behind women jumping into the bandwagon is that courts believe them more easily as compared to men." Now courts and bar associations are requesting police to register cases of cheating against such people.
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