JOAQUIM MANN Vs. STATE

JUDGEMENT

(1.) This is an application for bail filed by Joaquim Mann, a German National. He was charged for theft and for forging a passport. The second offence is punishable with imprisonment for life. The two offences were tried under two different criminal cases. In the case of theft the trial Court has already convicted the applicant under Section 380, I. P. C. and sentenced him to undergo R. I. for six months and a fine of Rs. 500/-, in default of fine to undergo further R. I. for two months. An appeal was preferred against the order of the trial Court before the Sessions Judge and pending the appeal an application for staying the execution of the sentence and for the applicant's release on bail was also made. The bail was granted by the Sessions Court on 16-5-1973.

(2.) Regarding the second offence, i.e., of forgery, also an application for bail was made to the Sessions. Court and it was granted by that court by its order dated 10-5-1973. However, on a subsequent application made by the State the bail granted in both the cases was cancelled and Mann was remanded to custody.

(3.) It is argued by Dr. Lobo that the material collected by the police during the investigation is so scanty that the chances of Mann being convicted are extremely remote. Dr. Lobo argues that all that was found against Mann was that he was in possession of a purse containing a passport and same currency in dollars which disappeared from under the pillow of a young lady staying in a hut. The police could not trace the young lady who appears to have disappeared after the alleged theft. It is not known whether the purse which is said to have disappeared was identified. The currency was not identified. The main question however centres round the forgery of the passport. It is alleged by the prosecution that the passport was forged and the name of one Miss Ethiene was inserted. When the passport was found in the possession of Mann his own passport was also found with him, Dr. Lobo argues that this goes a long way to indicate that there does not appear that a forgery had been committed, but that in any event the forgery, if any, does not appear to have been committed by Mann, since the name inserted in the passport was that of a lady and would give to Mann no advantage. Several weeks have passed over the incident and arrest of Mann, but no material has been collected by the police up to now, such as the opinion of a handwriting expert, to show that the alleged forgery was committed by Mann.