The Single Judge allowed bail to the petitioner detained for over 274 days under Section 14 of the Foreigners Act, noting the genuineness of his identity documents.
Release on bail by furnishing a bond of Rs.10,000 with two sureties of like amount each, to be satisfied by the learned Additional Chief Judicial Magistrate.
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Court No. 39 Item.7 ssi 02.12. 2021
C.R.M. 4822 of 2021
(via video conference)
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 243 of 2021 dated 03.03.2021 under Section 14 of the Foreigners Act.
And
In Re : Laltu Gazi
…..accused/petitioner
Mr. Kallol Kumar Basu Mr. Md. Jannat Ul Firdous Ms. Tithi Majumdar
…..for the petitioner
Mr. P. K. Datta, Ld. APP Mr. Santanu Deb Roy
….for the State
A report filed on behalf of the State is taken on record.
It appears that the Investigating Officer has verified the authenticity of the petitioner’s Aadhar Card and Voter Card and they have been found to be genuine. Chargesheet has already been submitted in this case.
In view of the same and considering the fact that the petitioner is in custody for about 274 days, I am inclined to allow the application for bail.
Let the petitioner be released on bail upon
2
furnishing a bond of Rs.10,000/- (ten thousand only) with two sureties of like amount each, one of whom must be local subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)
1 issue framed by the court
Whether the application for bail under Section 439 CrPC in a case under Section 14 of the Foreigners Act should be allowed.
2 provisions across 2 enactments
Laltu Gazi
State
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
