Calcutta High Court (Appellete Side)
Rupa Biswas @ Karmakar vs Unknown on 18 December, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
CRM 16309 of 2013 18.12.2013
Court No.21 In re: An application for bail filed under Section 439 of the Code of Item No. 44 Criminal Procedure on 02.12.2013 in connection with Nabadwip P.S. Case (rejected) No. 646 of 2012 dated 06.12.2012 for commission of offence punishable under Sections 420/468/471 of the Indian Penal Code and under Sections 14 of the Foreigners Act.
And In the matter of: Rupa Biswas @ Karmakar .....Petitioner Mr. Angshuman Chakraborty, Advocate .... For the Petitioner Mr. Anand Keshri, Advocate .... For the State The learned lawyer of the petitioner submits candidly that way back in 1971, the petitioner came over to India and in support of his contention the learned lawyer of the petitioner placed before me a certificate issued by the Bangla Desh Mukti Sahayak Samiti, 34, Indian Mirror Street, Calcutta - 13. The copy of the same is taken on record. The learned lawyer further submits that on this score alone the petitioner should be treated as Indian citizen and in the meantime, a report may be called for from the Investigating Officer to this effect.
The learned lawyer of the State resisted the prayer for bail and placed before me the report of the I.O. and submitted that unlike other cases as covered under Section 14 of the Foreigners Act, this case is a peculiar one because prior to initiation of the case, the police authority gathered information that the present petitioner is Bangladeshi. Further, the EPIC Cared and Ration Card are reported to be forged.
This being the position, I find no necessity to call for further report. Accordingly, the prayer for bail stands rejected. I do not find any reason to sn make any reference to the letter referred by the learned lawyer of the petitioner. I also make it clear that the learned Court below shall take all endeavour to expedite the trial in respect of this petitioner and if necessary the case of the petitioner may be split up.
(Toufique Uddin, J)