Calcutta High Court (Appellete Side)
Foreigners Act vs In Re : Md. Shahin Rumi @ Sohel Ahamed ... on 15 May, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
1 (03) 15.05.2013
(p.j.) CRM No. 6683 of 2013 In re : An application for bail under section 439 of the Code of Criminal Procedure filed on 07.5.2013 in connection with Bagdah Police Station Case No. 370 of 2009 dated 19.10.2009 under sections 302/201 of the Indian Penal Code and section 14 of the Foreigners Act subsequently charge-sheet being No. 95A dated 10.01.2011 submitted under sections 198/200/465/468/471 of the Indian Penal Code and section 14 of the Foreigners Act.
-And-
In re : Md. Shahin Rumi @ Sohel Ahamed Mondal @ Dipu
... Petitioner
Mr. Soubhik Mitter
Mr. Litan Maitra ... for the petitioner
Mr. Anand Keshari ... for the State
This is a case where the present petitioner has been charged for commission of offence under section 14 of the Foreigners Act initially but subsequently it transpired by the I/O that he submitted false document to prove that he is an Indian and that is why section 468 of IPC and some other sections have been added subsequently against this accused person allegedly. So saying, learned Counsel for the petitioner further contended after drawing my attention to the provision under section 436(A) of the Cr.P.C. and bringing it to my knowledge the factum 2 that about three years two months the present petitioner is in jail. So, he should be favoured with an order of bail not only on this ground set forth above but also on parity inasmuch as a co-accused A.K.M. Noor-E-Alam has been granted bail in CRM No. 7384 of 2010 vide order dated 18.5.2010 of this Hon'ble Court. A copy of said bail order be taken on record.
Learned Counsel for the State strongly resisted the prayer for bail and contended that the matter has been slated for framing of charge in the Court below as depicted in the annexed copies of order sheet on 3.5.2013. Further it was contended by the learned Counsel that as many as 46 criminal cases of serious nature of offence are pending against the present petitioner who is none else but a person who is reported to be indulged in serious nature of activities concerning the State in a neighbouring country at Bangladesh.
I have heard the submissions with rapt attention and perused the materials on record so far collected including the case diary. The case diary prima facie shows strong involvement of the present petitioner no doubt. Further it reveals from the order sheet that the person who is already on bail is not attending the Court regularly. He is also a Bangladeshi, as alleged. Fact remains whether this petitioner remaining in custody for such a long time is entitled to be out on bail or not.
In view of the situation as is standing now the principal section of offence is under section 14 of the Foreigners Act. Subsequently other sections have been added. On query, learned Counsel for the State could not give me any assurance 3 whether within a very short time the trial will be concluded or not obviously which is not within his control.
However, considering the background of this case as reflected in the case diary as well as the order dated 20.9.2011 passed in CRM No. 10383 of 2010 by this Hon'ble Court, I am of the view presently justice demands that the petitioner be enlarged on bail to the satisfaction of the learned Chief Judicial Magistrate, Barasat, North 24-Parganas, to the extent of Rs. 50,000/- with two local sureties of Rs. 25,000/- each, on the following conditions:
1) The petitioner shall meet the concerned Officer-in-Charge on every alternate day to give information where and how is he;
2) The petitioner shall not leave the jurisdiction of the concerned P.S.;
3) The petitioner shall further furnish a fixed place of abode in Indian Territory which is obviously within the jurisdiction of the concerned P.S. Lastly, I direct the Trial Court to conclude the hearing of the case positively by three months from the date of communication of this order.
The application for bail is thus disposed of.
The copy of the order dated 20.9.2011 passed in CRM No. 10383 of 2010 also be taken on record.
(Toufique Uddin, J.)