Calcutta High Court (Appellete Side)
Foreigners Act vs In Re : Rehana Begum @ Rahena Begum on 15 July, 2022
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
15.07.2022
Item No.12
Ct.No.34
dc.
Interim Bail
C.R.M. (SB) 94 of 2022
In Re : An Application for bail under Section 439 of the Code
of Criminal Procedure filed in connection with G.R. Case No.
907 of 2022 arising out of Hingalganj Police Station Case No.
44 of 2022 dated 13.03.2022 under Sections 14/14C of the
Foreigners Act, 1946.
And
In Re : Rehana Begum @ Rahena Begum
... Petitioner.
Mr. Satadru Lahiri,
Mr. Safdar Azam,
Mr. Shirsho Dasgupta
... For the Petitioner.
Mr. S. G. Mukherjee, Ld. P.P.,
Mr. Bidyut Kumar Roy,
Ms. Rita Datta
... For the State.
Report in the form of affidavit filed by the Home and
Hills Affairs Department, Government of West Bengal be kept
on record.
Reports of the Superintendent of Police, Barasat Police
District, Basirhat Police District and Bongaon Police District
be kept on record.
The verification report of the Investigating Officer of
the case dated 14.07.2022 reflects that the EPIC Card has
been found to be genuine on the basis of verification
conducted by Tehsildar (AERO), Baramulla.
Having regard to the fact that the preliminary
document submitted by the petitioner is found to be
2
genuine, I am of the opinion that the petitioner should be
released on interim bail.
Accordingly, the petitioner, viz., Rehana Begum @
Rahena Begum shall be released on interim bail upon
furnishing bond of Rs.10,000/- (Rupees Ten Thousand only),
with two sureties of like amount each, one of whom must be
local, to the satisfaction of the learned Additional Chief
Judicial Magistrate, Basirhat.
The following conditions should be complied with by
the petitioner after being released on bail.
1.The petitioner shall furnish her address to the Investigating Officer of the case where she would be residing and the same address should be furnished to the court.
2. The said address should not be outside the jurisdiction of Basirhat Police Station.
3. A lady constable should be engaged by the Officer- in-Charge of Basirhat Police Station who would once in a week check the presence of the petitioner and submit a report before the learned Additional Chief Judicial Magistrate, Basirhat.
4. The petitioner shall not leave the jurisdiction till the proceedings before the learned Magistrate is complete.
5. The petitioner shall once in a fortnight attend the office of the learned Additional Chief Judicial 3 Magistrate, Basirhat and obtain acknowledgement till further order of this Court.
The interim bail shall continue till 15.09.2022. Let the matter appear marked as 'heard in part' under the heading "Application for Bail" on 09.09.2022.
Report of compliance may be submitted on the next date fixed for hearing.
The Investigating Officer of the case is directed to submit a further report under Section 173(8) of the Code of Criminal Procedure before the jurisdictional court after taking into account the report submitted before this Court.
The Investigating Officer of the case is present in Court. His further appearance before this Court is dispensed with.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)