Mumbai: The sessions court has refused to grant anticipatory bail to 64-year-old Tanzanian who managed to procured an Indian passport on the basis of forged documents and managed to stay in the country for more than 50 years.
Francis Agnelo Da Silva recently submitted a visa application to continue his stay in India on the portal of the Foreigners Registration Office. The application was sent for verification at the Social Investigating Branch, Mahim. The verification revealed that Da Silva was a Tanzania national who had obtained Indian passport on the basis of forged documents.
The accused’s lawyer, however, while seeking anticipatory bail argued that the “applicant is residing in India since long time. He submits that applicant had obtained Indian passport on the basis of birth certificate of Panaji. Therefore, in the year 2018 penalty was imposed on the applicant. Meanwhile, applicant has obtained passport of Tanzania and now he wishes to get an Indian visa to stay in India”.
The investigation, however, allegedly revealed that the first birth certificate was issued on January 24, 2013, when on verification it was revealed that it had been fraudulently issued. It was cancelled in 2018 and Da Silva was also fined. On April 17, 2023, the accused obtained another birth certificate, which he used to seek the latest visa.
The lawyer, however, said it was the applicant who had tendered all the documents for visa purpose. He had no intention to hide these documents and to cheat the government. The applicant is a senior citizen. The earlier birth certificate was mere suppression of fact and not forgery as such.
Public Prosecutor Ajit Chavan contended that the applicant had stayed in India illegally for a long time. There was a need for custodial interrogation to investigate other offences by using fake passport.
Sessions Judge Dr SD Tawshikar, while rejecting Da Silva’s anticipatory bail plea, observed: “It is surprising to note that the applicant, for more than 50 years, resided in India without valid passport and visa! It is further surprising to note that by staying in India, he has obtained passport of Tanzania. Therefore, I find that this requires fair chance of investigation to the investigating machinery including chance of custodial interrogation of applicant, if required.”
