A Nigerian, who is in jail since December 2015, has been allowed to return home after the High Court commuted the remaining portion of his sentence. MBA Chukuwadi Stanley, was arrested on December 26, 2015 at the Kempegowda International Airport on charges of overstaying in India and forging documents. He approached the HC with an air ticket to Nigeria promising to return if the sentence was commuted.
Chikuwadi was on his way to Lagos, Nigeria, via Dubai. But his visa had expired on June 19, 2015 itself. He had overstayed in India for six months and forged the documents extending his visa so that he could return home. His bail had been rejected and the trial court had sentenced him to one year in prison. So while he had created fake visa to return home and committed the offence of overstaying in India for six months, the punishment was to stay in Indian jail for one year.
Chikuwadi contended before the HC that since he has almost completed the term of punishment, he may be permitted to leave India and that the remaining portion of the sentence be commuted. He also submitted before the court the air ticket he has purchased to Nigeria dated November 14.
The court in its judgement said that “if his intention is to leave the country and if he has obtained air ticket, it would be in the interest of justice to commute the remaining portion of the petitioner’s sentence and allow him to leave for his homeland.” The HC directed the trial court to release his passport which is in custody and directed that he be released on November 10 itself as November 12 is a second Saturday and November 13 is a Sunday.