Calcutta High Court (Appellete Side)
Rijaul Molla vs Unknown on 24 December, 2019
1 24.12.2019
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125. as (Allowed) C.R.M. 12286 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.12.2019 in connection with Basirhat P. S. Case No.1133 of 2019 dated 20.10.2019 under Sections 420/468/469/470/471 of the Indian Penal Code and adding Section 14 of the Foreigners Act. In the matter of : Rijaul Molla.
.... Petitioner.
Mr. Kallol Basu, Ms. Sharmistha China.
...for the Petitioner.
Mr. Rana Mukherjee, Ms. Sujata Das.
...for the State.
Heard the learned Counsels appearing on behalf of the parties. It is submitted on behalf of the petitioner that he is an Indian national.
Learned Advocate appearing for the State opposes the prayer for bail and submits that the petitioner was seeking to procure Indian passport on the strength of forged documents.
In reply, it is submitted that the trial court had not taken cognizance of offence under Section 14 of the Foreigners Act against the petitioner.
2We have considered the materials on record. Relevant documents are in the control of the investigating agency.
Under the aforesaid facts and circumstances of the case and in view of the period of detention suffered by the petitioner i.e. 64 days and as investigation is complete, we are inclined in granting bail to the petitioner subject to condition.
Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat, North 24-Paraganas subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not leave the jurisdiction of Basirhat Police Station except for the purpose of investigation and/or attending court proceedings and shall report to the Officer-in-charge, Basirhat Police Station once in a month until further orders.
In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application, being C.R.M.12286 of 2019, is disposed of. 3 (Suvra Ghosh,J.) (Joymalya Bagchi, J.)