Special Judge Parvaiz Iqbal Calls for Strict Action Against Fake Sureties; Directs Deposit of ₹1 Lakh Bond Amount0
JAMMU, OCTOBER 15 :
The Court of Special Judge (NDPS Cases), Jammu, has raised serious concerns over the alleged operation of “phony sureties” within the District Court Complex, Jammu, who reportedly charge money from accused persons to stand as sureties by allegedly using fabricated identity cards and fake revenue documents.
Special Judge Parvaiz Iqbal observed that the alleged practice could mislead courts and facilitate the release of accused persons who subsequently evade trial proceedings. The court emphasised the need for effective measures to identify individuals involved in such activities and ensure strict action in accordance with law.
The court observed that certain individuals, allegedly posing as genuine sureties, were roaming around the court premises and approaching accused persons, particularly those from outside the region, who required local sureties to secure bail.
According to the observations, such individuals allegedly used fabricated identity documents, including Aadhaar cards, and forged land revenue records to establish their credentials before courts.
The court further noted that, in some cases, accused persons allegedly opted for such arrangements even when genuine sureties were available, apparently to avoid the inconvenience of returning to court to fulfil their obligations as sureties.
Supreme Court Ruling Cited
Referring to the Supreme Court’s decision in Union of India v. Chidiebere Kingsley Nwadham, reported as 2026 INSC 870, the court highlighted concerns regarding fake and phony sureties and the need for stricter verification procedures.
Emphasising the urgency of addressing the issue, the Special Judge observed that cooperation from the legal fraternity would be essential to identify and curb the alleged practice.
The court, through the President of the Jammu and Kashmir High Court Bar Association, Jammu, called upon members of the legal fraternity to assist in identifying individuals allegedly involved in such activities within the District Court Complex.
The court stressed that those found involved should be dealt with strictly in accordance with law.
Case Involves 17 Kg Poppy Straw Recovery
The observations came during proceedings in a case registered under Sections 8, 15 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Police Station Bahu Fort.
The case relates to the alleged recovery of 17 kilograms of poppy straw from a truck in July 2020.
The accused were granted bail in October 2020 against surety bonds of ₹50,000 each. One Sanjay Kumar had stood as surety for both accused, furnishing bonds totalling ₹1 lakh.
However, the court noted that the accused had largely stopped appearing before it since January 2024. Repeated non-bailable warrants issued against them could not be executed.
The court further observed that warrants sent through the Senior Superintendent of Police (SSP), Ludhiana, had reportedly received no response.
Surety Claims He Was Misled by Friend
When summoned to explain why the bail bond amount should not be recovered, the surety reportedly told the court that he neither knew the accused nor was aware of their whereabouts.
He claimed that a friend had misled him into standing as surety for individuals who were strangers to him.
After considering the matter, the court directed Sanjay Kumar to deposit the total surety bond amount of ₹1 lakh.
However, taking into account his request, the court permitted him to deposit ₹50,000 immediately and the remaining ₹50,000 on the next date of hearing.
Fresh Warrants Issued Against Accused
The court also directed that fresh non-bailable warrants be issued against the accused through the SSP, Ludhiana, to secure their presence before the court.
The matter has been listed for further proceedings on November 14, 2026.
The court’s observations underscore the importance of verifying the identity and credentials of sureties in bail proceedings and preventing alleged fraudulent practices that could undermine the judicial process.(KNC)