The High Court rejected an application for bail under Section 439 CrPC filed under the Foreigners Act. Bail was denied because the police report negated the petitioner's claim of being the son of specified persons.
Application for bail under Section 439 CrPC rejected.
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04.08.2021
Court No.28 Item No.8 (REJECTED)
CRM 1736 of 2021 (Via Video Conference)
Saswata
In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 01.02.2021 in connection with Murshidabad Police Station Case No. 211 of 2020 dated 19.06.2020 under Sections 14A(b) of the Foreigners Act (G.R.Case No. 1680 of 2020);
And
In the matter of : Yeasin Sk. @ Yasin Sk.
…Petitioner.
Mr. Biswajit Sarkar Mr. Md. Bani Israil Ms. Kanchan Gupta
…For the Petitioner
Mr. Saibal Bapuli, APP Mr. Arani Bhattacharyya
… For the State
The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 211 of 2020 dated 19.06.2020 under Sections 14A(b) of the Foreigners Act (G.R.Case No. 1680 of 2020).
The petitioner has been languishing in jail for nearly 412 days in connection with an offence under Section 14A(b) of the Foreigners Act. The matter was adjourned on the last occasion to peruse the police report pertaining to the citizenship of the petitioner of this country.
The report dated 3rd August 2021 filed today be taken on record. The report would reveal that the petitioner claims to be the son of Seikh Tufajuddin and Manufa who were interrogated and blatantly denied to have any son by the name of the petitioner. Once the claim, that the petitioner is the son of those persons failed, we do not think that the petitioner had made out a case for grant of bail.
The application for bail is, thus, considered and rejected .
(Harish Tandon, J)
(Bibek Chaudhuri,J.)
2
1 issue framed by the court
Whether bail under Section 439 CrPC should be granted when the bail applicant's claim to be the son of specific parents was denied by police interrogation.
2 provisions across 2 enactments
Saswata
State
Harish Tandon
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
