Calcutta High Court (Appellete Side)
Joy Krishna Sarkar vs Unknown on 12 April, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
12.04.2013 CRM 5236 of 2013 Court No.29 Item No. 2 In Re:- An application for bail under section 439 of the Code of Criminal Procedure snandy
filed on 10.04.2013 in connection with Kalyani P.S. Case No. 76 of 2013 dated (granted) 23.02.2013 (G.R. Case No. 225 of 2013) for commission of offence punishable under Sections 14 of the Foreigners Act.
And In the matter of : Joy Krishna Sarkar ..... Petitioner Ms. Minoti Gomes, Advocate ....For the Petitioner Ms. Rituparna De, Advocate .......For the State This is a case where the present petitioner has been charged for commission of offence punishable under Sections 14 of the Foreigners Act.
The learned lawyer of the petitioner contended by placing reliance heavily on the Birth Certificate, Samajik Mukti Card, Certificate of Marriage, Birth Certificate of his son, receipt of Electricity Bill, copy of Savings Passbook of State Bank of India and wanted to impress that the petitioner is an Indian citizen. So at any condition the petitioner may be released on bail.
The learned lawyer of the State strongly resisted the prayer for bail and contended that when asked the petitioner could not produce the documents as relied upon right now and it cannot be said at this state that he is an Indian citizen.
Having considered the respective submissions of the learned lawyers of both sides and considering the fact as alleged by the learned lawyer of the petitioner that the petitioner used to give incoherent statements due to his physical deformities and as such he could not produce the documents in time and the fact that charge-sheet has already been submitted, I release the petitioners namely Joy Krishna Sarkar on bail to the extent of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Kalyani, Nadia on condition that the petitioner shall not leave the jurisdiction of the concerned police station until further.
Therefore, the prayer for bail stands allowed. The petition is accordingly disposed of.
(Toufique Uddin, J)