Musharaf Hussain @ Sarif Hossain v. State of West Bengal
Case brief
What is this about?
Single judge rejected a bail application filed by a French national apprehended illegally at the Indian border. The court found serious chances of abscondance as the case was ready for trial and no new circumstances existed to overturn a prior rejection order.
What did the court decide?
Application for bail rejected; trial to be concluded within six months.
What the court decided
24.06.2022 Item No.66 SB
C.R.M. (SB) 133 of 2022
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Swarupnagar Police Station Case No. 32 of 2022 dated 12.01.2022 under Section 14 of the Foreigners Act, 1946.
And In Re : Musharaf Hussain @ Sarif Hossain ... Petitioner Mr. Anjan Bhattacharya ... For the Petitioner Mr. S.S. Imam Mr. S. Kundu ... For the State.
It is submitted on behalf of the learned advocate for the petitioner that the petitioner is a French National and he has filed a valid passport and visa but in spite of that he has been illegally apprehended and is in custody since 12.1.2022. He further submits that investigation has already been ended in charge-sheet and as such if he is released on bail on any terms and conditions, he will appear before the court to face the trial. His further detention is not at all required.
Learned advocate for the State submits that while the petitioner along with other six persons were trying to cross Indian border illegally, they were apprehended. The chargesheet has already been submitted and the prayer for bail of the present petitioner was rejected by a co-ordinate bench of this court on 5.5.2022, after considering all the documents submitted by the petitioner. He further submits on behalf of
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the State that no new circumstances has arisen after aforesaid rejection order to reconsider his prayer for bail and if he is released on bail, there is every likelihood of evading the trial by the petitioner.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner who is a French national illegally apprehended at the Indian border.
Whether new circumstances have arisen to reconsider the earlier rejected bail prayer.
Parties & counsel
- petitioner
Musharaf Hussain @ Sarif Hossain
- respondent
The State
Coram
Ajoy Kumar Mukherjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · June
- Registered
- Case no.
- CRM (SB)/133/2022
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