Calcutta High Court (Appellete Side)
No. 296 Of 2013 Dated 25.4.2013 Under ... vs In Re : Saiful Seikh @ Saifoodeen Taruk ... on 5 June, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
1 (06) 05.06.2013
(p.j.) CRM No. 7691 of 2013 In re : An application for bail under section 439 of the Code of Criminal Procedure filed on 4.6.2013 in connection with Gaighata Police Station Case No. 296 of 2013 dated 25.4.2013 under section 14 of the Foreigners Act.
-And-
In re : Saiful Seikh @ Saifoodeen Taruk Shaikh ... Petitioner
Mr. Sabir Ahmed
Mr. K. Bhadra ... 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, 1946.
While praying for bail learned Counsel for the petitioner submits that the present petitioner is an innocent to the power infinity and despite his insistence that he was an Indian citizen his prayer for time to produce necessary documents to substantiate his stand, the police did not allow him. Rather charged him with the alleged offence in the present case. Therefore, learned Counsel for the petitioner contends that the petitioner may be released on bail on any condition.
Learned Counsel for the State resisted the prayer for bail and submitted that he cannot go beyond the materials on record as are available through the case diary but the fact remains that charge-sheet has been submitted. 2 Considering the pros and cons of the matter, the petitioner be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaon, North 24-Parganas, to the extent of Rs. 20,000/- with two sureties of Rs. 10,000/- each, one of whom must be local, on condition that i) the petitioner shall not leave the jurisdiction of the concerned Court; ii) he shall meet the I/O of this case twice a week to let him know where he is and iii) he shall not commit any other offence while on bail.
The application for bail is thus disposed of.
(Toufique Uddin, J.)