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Documents citing Emechere Maduabuchkwu vs State Nct Of Delhi & Anr. on 26 May, 2023

Samuel Akujuobi vs Union Of India & Ors on 10 March, 2026

In the light of aforesaid Judgment, Co-ordinate Bench of this Court in Emechere Maduabuchkwu vs. State NCT of Delhi and Another; and Emechere Maduabuchkwu vs. FRRO Delhi, 2023 SCC OnLine Del 3323, while referring to aforesaid Judgments, directed that Petitioner may be released on furnishing personal and surety bond to the learned Duty MM and that Petitioner shall furnish a permanent residence address that he proposes to reside at and would report to the local police station every Saturday at 04:00 PM. He would surrender his passport with the learned Trial Court and would not leave the NCT of Delhi during the said period.
Delhi High Court Cites 37 - Cited by 0 - N B Krishna - Full Document

Prince Ben Nnaka vs State Nct Of Delhi & Anr. on 23 January, 2024

16. From a conspectus of the aforementioned judgments, the only inexorable conclusion that can be drawn is that Courts cannot, as a part of the order enlarging a foreign national on bail or acquitting/discharging or as in this case convicting but sentencing for the period of imprisonment undergone, simultaneously pass a direction to detain the person at a deportation centre. As observed in Emechere Maduabuchkwu (supra), detention centre is not a place for judicial custody but a place where foreign national is detained on an Executive order and this is the prerogative of the Competent Authority under the Foreigners Act. In light of this observation of the Co-ordinate Bench coupled with the observation that Courts cannot as Signature Not Verified Digitally Signed by:KAMAL W.P.(CRL) 21/2024 Page 12 of 14 KUMAR Location: Signing Date:25.01.2024 17:57:26 a part of enlarging foreign national on bail direct the person to be sent to a detention centre, the argument of the learned ASC that there is no challenge to the order dated 07.04.2021 passed by learned M.M., South District, Saket Courts has no merit. Once the Petitioner was enlarged on bail, he cannot be detained without cause and due process of law. Pendency of trial in case FIR No. 481/2016 also, in my view, cannot be a reason enough to detain the Petitioner, as he is yet to be proved guilty post-trial. Therefore, counsel for the Petitioner is right in contending that the detention of the Petitioner in the deportation centre, in the present circumstances of this case, is illegal.
Delhi High Court Cites 16 - Cited by 0 - J Singh - Full Document

Aizaz Kilicheva @ Aziza @ Maya vs State Nct Of Delhi on 21 January, 2025

Insofar as the judgment of a Co-ordinate Bench in Emechere Maduabuchkwu vs. State (NCT of Delhi) & Anr.3 is concerned, the FRRO submits, that they have preferred Special Leave Petitions bearing SLP (CRL.) Nos.7285-7286/2024 challenging the view taken by the Co-ordinate Bench in those cases, which SLP is pending before the Supreme Court. They point-out, that in the said case the Co- ordinate Bench of this court has, in essence and substance, ruled that once a foreign national is granted bail, the foreign national cannot thereafter be detained at a detention centre/restriction centre for violation of any visa conditions. In the said case, the Co-ordinate Bench had directed the release of an under-trial foreign national who was granted bail by the Sessions Court, but by way of a subsequent executive order, was detained in a detention centre/restriction centre and was attending trial from such centre; and the Co-ordinate Bench directed the release of the person from the detention centre/restriction centre, with a direction that the visa application of the foreign national be considered by the competent authority. To be clear, at the stage when the Co-ordinate Bench directed the release of the foreign national from the detention centre/restriction centre, he did not hold a valid Indian visa.
Delhi High Court Cites 28 - Cited by 0 - A J Bhambani - Full Document

Nashabasharom vs The State Rep.By on 12 March, 2024

3. The learned Government Advocate by relying upon the status report filed before this Court submitted that the Visa of the petitioner expired as on 30.08.2020. The Government of Tamil https://www.mhc.tn.gov.in/judis Nadu has already passed a G.O.(10)No.428 dated 20.12.2023, 3 directing the petitioner to reside in the special camp at Tiruchirapalli in the event of her release from the prison. The learned Government Advocate submitted that apart from this case, there are three other cases pending investigation against the petitioner and the petitioner has been arrested in those cases also and has not been enlarged on bail and hence, the petitioner is not in a position to come out of the jail even though statutory bail was granted in this case. The learned Government Advocate also brought to the notice of this Court the order passed in Crl.O.P.No.27181 of 2023 dated 12.12.2023 wherein a similar ground taken by A1 in that case seeking for modification of the condition was rejected and the petition was dismissed. The learned Government Advocate also submitted that the antecedent of the petitioner is highly questionable and the petitioner who entered the Country with the Student Visa was involved in business activities and in the said transaction, had cheated many persons.
Madras High Court Cites 5 - Cited by 0 - N A Venkatesh - Full Document

Sayed Rashed vs Union Of India on 9 October, 2025

Now, this petition is being filed on leave India notice issued to the petitioner on the ground that looking to the prevailing conditions, as the petitioner is having a threat to his life, he should be granted extension to stay in India. He has also applied for resettlement option in Australia pointing out the fact that he has a sponsor in Australia. He has duly filed form 681 with the Department of Home Affairs, Australian Government in support of his resettlement application. But until and unless, resettlement option is exercised and he is permitted to enter into Australia, his application for long term visa license to be considered, for which, the petitioner has placed reliance on the judgment passed by the Delhi High Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 23-12-2025 14:41:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:64697 12 WP-17150-2025 Court in the case of Emechere Maduabuchkwa Vs. State NCT of Delhi & Anr. in W.P. (Crl.) 550 of 2022 and W.P. (Crl.) 827 of 2022 and argued that non-issuance of LTV to the petitioner despite he being a valid UNHCR Card Holder and is registered refugee, is the clear violative of the guidelines issued by the Ministry of Home Affairs in respect of grant of Visa to the refugees.
Madhya Pradesh High Court Cites 7 - Cited by 0 - V Mishra - Full Document
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