Delhi High Court - Orders
Pascal vs Union Of India, Frro Delhi & Anr on 18 November, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (CRL) 2276/2021
PASCAL ..... Petitioner
Represented by: Mr. Karan Verma, Ms. Girish
Sharma, Adv.
versus
UNION OF INDIA, FRRO DELHI & ANR. ..... Respondent
Represented by: Ms. Nidhi Raman, CGSC with Mr.
Anshuman, Adv. for R-1.
Ms. Nandita Rao, ASC for State/R-2
with SI Rajesh Kumar Verma, PS
Kapashera.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 18.11.2021 The hearing has been conducted through Video Conferencing. CRL.M.A. 18351/2021 Exemption allowed subject to just exception.
W.P. (CRL) 2276/2021
1. By this petition the petitioner seeks release from the deportation camp as also direction to FRRO to grant visa to the petitioner.
2. Petitioner came to India on a tourist visa in July 2018 and his visa was valid till 4th December, 2018. However, the petitioner continued overstaying in India without any valid visa when he was arrested in FIR No. 172/2021 under Section 33/58 of the Delhi Excise Act and Section 14 of the Foreigners Act on 2nd May, 2021.
Signature Not VerifiedW.P. (CRL) 2276/2021 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:18.11.2021 21:52:13
3. According to the petitioner, the petitioner was granted bail on 7th July, 2021 with the direction that he will furnish a personal bond and a surety bond of ₹20,000/- and within 24 hours of the receipt of the release warrants in the jail concerned he was to be transferred to the detention centre by the I.O/SHO concerned, where he was to be kept till the conclusion of the trial in the present case and till further orders of the Court.
4. Learned counsel for the petitioner states that the said order was modified on 15th July, 2021 and the petitioner was admitted to bail subject to his furnishing personal bond and depositing a cash security. It may be noted that in the application which was decided on 15th July, 2021 the modification which the petitioner sought was that he was not in a position to furnish a local surety of ₹20,000/- and thus he be permitted to give cash security which modification was allowed. It is evident that the remaining conditions as imposed by the Court were not modified. The petitioner thereafter challenged the orders of the learned Metropolitan Magistrate before the learned ASJ who modified the condition imposed vide order dated 7 th July, 2021 and 15th July, 2021 of putting the petitioner in detention centre.
5. The learned ASJ failed to notice that the petitioner does not have a valid visa to stay in this country and as long as there is no valid visa, he is required to be deported for which purpose his movements are required to be restricted by keeping him in the detention centre. Thus, there was no illegality in the order passed by the learned Metropolitan Magistrate.
6. In view of the fact that the petitioner overstayed in this country without a valid visa and at present also he does not have a valid visa in his favour the petitioner cannot be directed to be released from the detention centre, where his movements are restricted.
Signature Not VerifiedW.P. (CRL) 2276/2021 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:18.11.2021 21:52:13
7. The learned Metropolitan Magistrate is directed to expedite the trial in FIR No.172/2021 PS Kapashera so that on the conclusion thereof in case no valid visa is granted to the petitioner, petitioner can be deported to his country.
8. Petition is disposed of.
9. Copy of the order be conveyed to the learned Trial Court by the Registry.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 18, 2021 'ga' Signature Not Verified W.P. (CRL) 2276/2021 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:18.11.2021 21:52:13