Calcutta High Court (Appellete Side)
Noor Islam @ Noor Islam Abdul Hai vs Unknown on 12 April, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
12.04.2013 CRM 5311 of 2013 Court No.29 Item No. 5 In Re:- An application for bail under section 439 of the Code of Criminal Procedure snandy
filed on 10.04.2013 in connection with Gaighata P.S. Case No. 179 of 2013 dated (granted) 11.03.2013 (G.R. Case No. 442 of 2013) for commission of offence punishable under Sections 13/14 of the Foreigners Act.
And In the matter of : Noor Islam @ Noor Islam Abdul Hai ..... Petitioner Mr. Sabir Ahmed, Advocate Mr. Mujibal Ali Naskar, Advocate Mr. Krishnendu Bhadra, Advocate ....For the Petitioner Ms. Faria Hossain, Advocate .......For the State This is a case where the present petitioner has been charged for commission of offence punishable under Sections 13/14 of the Foreigners Act.
The learned lawyer of the petitioner contended by placing reliance heavily on the PAN Card, AADHAR Card, Municipality Certificate issued by a Commissioner and Driving Licence 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 these documents were not produced at the time of demand. So the prosecution could not get a chance to verify the same. .
However, keeping this mater wide open, I release the petitioner namely Noor Islam @ Noor Islam Abdul Hair 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, Bongaon 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)