The High Court granted bail to the accused petitioner under Section 439 CrPC in connection with offences under the Foreigners Act and Passport Act. The detention was deemed unnecessary.
Bail granted on bond of Rs. 10,000 with two sureties of like amount, each, one being local, to appear on every date and not tamper with evidence.
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07.12.2022 Sl. No.18 [ALLOWED]
C. R. M. (DB) 3753 of 2022
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.10.2022 in connection with Swarupnagar Police Station Case No.878 of 2022 dated 03.09.2022 under Sections 14A(b)/14C of the Foreigners Act, 1946 and Section 12 of the Passport Act. (G.R. Case No.3806 of 2022)
And
In Re: Sk. Joni @ Joni
… … Petitioner
Mr. Satadru Lahiri
… … for the petitioner
Mr. Pravash Chatterjee Mr. Mirza Firoj Ahmed Begg
… … for the State
Pursuant to the earlier direction, Investigating Officer is personally present before this court. His presence is noted and dispensed with.
Report is placed on record. From the report it appears that the passport relied upon by the petitioner is genuine.
In view of the aforesaid report and nature of accusation, we are of the opinion further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Sk. Joni @ Joni , be released on bail upon furnishing a 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, North 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
2
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed .
(Siddhartha Roy Chowdhury, J.)
(Joymalya Bagchi, J.)
1 issue framed by the court
Whether the accused petitioner should be released on bail in connection with offences under Sections 14A(b)/14C of the Foreigners Act and Section 12 of the Passport Act.
3 provisions across 3 enactments
Sk. Joni @ Joni
State
Siddhartha Roy Chowdhury
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
