Two judges rejected the bail application of Rashida Begam, who claimed refugee status. They noted insufficient evidence to prove her status but held that a prima facie case existed, warranting release rejection.
Prayer for bail is rejected; applications disposed of.
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09.09.2020 Suman/ Mithun Sl. No.03 (Supp.)
Ct.No.11 CRM 6306 of 2020 with
CRAN 1 of 2020
(Via Video Conference)
In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973.
In the matter of : Rashida Begam … Petitioner.
Syed Shamsul Arefin, … for the petitioner Mr. Bidyut Kumar Roy, Ms.Rita Datta, … for the State
Learned Advocate for the petitioner submits that the petitioner is innocent of the charges and has been falsely implicated in this case.
Learned Advocate tries to distinguish between the locus of the petitioner who is not illegally immigrant but a refugee. We are not convinced by the documents so relied upon by the petitioner. However, since this is a bail application, we gave an opportunity to the State to produce the case diary. We are of the opinion that prima facie case has been made out for trial and as such it is not fit and proper to release the petitioner at this stage.
Accordingly, the prayer for bail is rejected.
2
The petitioner is at liberty to agitate the point regarding the status of refugee and illegal immigrant of a foreigner at the Trial Court.
The application for bail being CRM 6306 of 2020 and CRAN 01 of 2020 are disposed of.
(Samapti Chatterjee, J)
(Tirthankar Ghosh, J)
1 issue framed by the court
Whether the petitioner qualifies for bail under Section 439 CrPC given the prima facie evidence against her?
1 provisions across 1 enactments
Rashida Begam
The State
Samapti Chatterjee
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
