Calcutta High Court (Appellete Side)
No. 308 Of 2013 Dated 30.4.2013 Under ... vs In Re : Kamrul Islam @ Kamarul on 5 June, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
1 (07) 05.06.2013
(p.j.) CRM No. 7743 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. 308 of 2013 dated 30.4.2013 under section 14 of the Foreigners Act.
-And-
In re : Kamrul Islam @ Kamarul ... Petitioner
Mr. Mrinal Kanti Mukherjee ... 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 section 14 of the Foreigners Act.
While praying for bail learned Counsel for the petitioner submitted that despite his showing of original Certificate of Birth, Ration Card and Panchayat Certificate, his prayer for bail was rejected in the Court below.
Learned Counsel for the State submits that it might be the original documents have been submitted but those are required to be verified by the I/O concerned.
Having considered the submission of both sides, I think that when original documents have been shown as well as copies have been annexed and when the 2 petitioner is behind the bar for 35 days and charge-sheet has already been submitted, he should be favoured with an order of bail.
Let 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. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local, on condition that i) the petitioner shall not leave the jurisdiction of the concerned P.S.; 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.)