New Delhi, Nov 18 (PTI) A Delhi court on Monday granted bail to a man in a case of forgery, highlighting the principle of presumption of innocence and said he cannot be detained as a punitive measure.
Special Judge Ashish Aggarwal granted relief to Vikash Chawla, noting that he has been in judicial custody for a month and a half but the only evidence collected against him so far were confessions by him and his co-accused.
Chawla is accused of providing flight tickets to persons whose passports were based on fake documents, according to the prosecution.
The judge said that it was not a stage where the court can evaluate and comment on the sufficiency of evidence, "however, where the liberty of a person has been curtailed, it is obligatory to assess, prima facie, whether there is admissible evidence to connect the accused to the crime."
"If after investigation, the police finds or the court holds that there is insufficient evidence against the accused, the lost years and months spent in custody cannot be recovered... There is a presumption of innocence of accused and he cannot be detained as a punitive measure," the judge said.
The judge observed that sufficient time was taken by the probe officer to gather evidence, but the only material being marshalled before the court was the confessional statements which may not pass the muster.
Further incarceration of the applicant will not aid the collection of evidence, and that no other purpose would be served by keeping him in custody, he added.