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Michal Benson Nwaogu @ Chuna Benson vs State on 1 February, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~15
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.A. 1063/2016
                               MICHAL BENSON NWAOGU @ CHUNA BENSON
                                                                                 ..... Appellant
                                                Through: Mr. Aashish Chojar and Mr. Jatin,
                                                           Advocates.
                                                versus
                               STATE                                      ..... Respondent
                                                Through: Ms. Meenakshi Dahiya, APP for the
                                                           State with SI Ran Singh, P.S.:
                                                           Fatehpur Beri.
                               CORAM:
                               HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                ORDER

% 01.02.2023 Crl. M.A. No.470/2023 Pursuant to notice issued on the last date, Mr. Kirtiman Singh, learned CGSC has appeared in the matter.

2. Status report dated 30.01.2023 has been handed-up by Ms. Meenakshi Dahiya, learned APP for the State; in which the State submits that if the petitioner is given back his original passport, for renewal of the passport and visa, he may abscond from the country.

3. Let the status report be filed on record.

4. Nominal roll dated 24.01.2023 has been received from the Jail Superintendent, which confirms that the petitioner was released from prison on 18.02.2017 on regular suspension of sentence granted by this court vide order dated 07.02.2017. The appellant has been on suspension of sentence ever since; and there is no allegation of breach of any condition of bail.

5. The original passport is stated to be lying in this court as part of the Trial Court Record (Exhibit PW-5/A).

6. In the circumstances, on a balance of all considerations, and to enable the appellant to have his passport and visa renewed, so that he does not remain an illegal alien in the country, the following directions are issued :

a. The Registry is directed to release the original passport (Exb-

PW-5/A in the Trial Court Record) to the petitioner, after retaining a complete photocopy thereof, and after verifying his credentials;

b. The petitioner is permitted to make the necessary application for renewal of his passport to the High Commission of Nigeria, New Delhi within 07 days thereafter, with prior intimation to the Investigating Officer of the case; who will accompany the petitioner at the time he deposits his passport and appears for his interview in the High Commission;

c. The original receipt/acknowledgment of deposit of passport for renewal shall be handed-over by the petitioner to the Investigating Officer, who (latter) shall collect the original passport from the High Commission upon renewal; and shall retain it with himself, awaiting further directions by this court.

7. In so far as renewal/extension of visa is concerned, Mr. Kirtiman Singh submits that he shall obtain appropriate instructions from the FRRO as regards the procedure for grant/extension of the appropriate category of visa for the appellant, since he is still facing legal proceedings in India.

8. A copy of this order be sent to the High Commission of Nigeria, for information.

9. Re-notify on 27th April 2023.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 1, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:03.02.2023 CRL.A. 1063/2016 Page 3 of 3 12:58:44