Calcutta High Court (Appellete Side)
Dated 11.5.2013 Under Sections 14(A) ... vs In Re : Rajib Das @ Manik Mulla on 20 June, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
1 (06) 20.06.2013
(p.j.) CRM No. 7981 of 2013 In re: An application for bail under section 439 of the Code of Criminal Procedure filed on 6.6.2013 in connection with Gaighata Police Station Case No. 346 of 2013 dated 11.5.2013 under sections 14(A) and14(C) of the Foreigners Act.
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In re : Rajib Das @ Manik Mulla ..Petitioner
Mr. Sabir Ahmed
Mr. Krishnendu Bhadra ... for the petitioner
Ms. Faria Hossain ... for the State
This is a case where the present petitioner has been charged for commission of offence under sections 14(A) and 14(C) of the Foreigners Act.
While canvassing the prayer for bail, learned Counsel for the petitioner submitted that the Investigating Agency played foul at the time of submission of charge-sheet inasmuch as without having a semblance of actual enquiry, they have done simply table work and nabbed the present petitioner who is absolutely not only innocent but also a true Indian citizen. Learned Counsel further contended that the report submitted by the police is of dated 20.5.2013 not in pursuance of 2 the direction passed by this Hon'ble Court. So, at any rate the report cannot be acted upon and as such, the petitioner may be favoured with an order of bail.
Learned Counsel for the State strongly resisted the prayer for bail and gave an explanation by countering the submission and stated that initially when the petitioner was charged, he was unable to produce any document to substantiate his stand. Subsequently, he moved the application for bail before the learned Magistrate way back on 12.5.2013 and the same was rejected, but the learned Magistrate concerned issued a direction for verification of the genuineness of the documents furnished by the present petitioner stating that he is an Indian citizen and thereafter in the meantime, charge-sheet has already been submitted. Whatever the outcome and consideration of the case might be, the situation and combination of the factual aspects lead me to hold prima facie at the stage in absence of any contrary proof that the petitioner is a foreigner. Therefore, the question of bail prayer does not arise.
Accordingly, prayer for bail stands rejected.
Endeavour should be made to conclude the trial by four months hence. The personal appearance of I/O of this case is dispensed with.
(Toufique Uddin, J.)