Ali Mahboubi Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

Ali Mahboubi Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

CRM(M) 143 of 2026 disposed of with directions: trial evidence to be completed within one month from communication of the order, whereafter the petitioner is to be allowed to use the 'Emergency Exit Permit' issued by FRRO, Kolkata on 13th February, 2026; trial to be concluded within that time frame, with the Superintendents of Police, Purba Bardhaman monitoring witness presence and the trial court giving priority to the case.

Issue for consideration

Whether the application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the BNSS, 2023 filed by the petitioner, a foreign national, in connection with Sessions Case No. 133 of 2025 should be allowed. +1 more

Court's answer

The Court considered that the petitioner is a foreign national who was intercepted and that the case is pending before the learned Sessions Judge.

Ratio / Principle

The Court noted that the report of the Superintendent of Police, Purba Bardhaman reflected that FRRO, Kolkata had issued an 'Emergency Exit Permit' to the petitioner on 13th February, 2026, and that on the merits there was no seizure from the petitioner's possession.

Key takeaways

The Court directed that the evidence in the trial be completed within a month from the date of communication of the order, whereafter the petitioner would be allowed to use the 'Emergency Exit Permit' issued by the FRRO on 13th February, 2026.ratio¶8
The learned trial court was directed to conclude the trial within the stipulated time frame; the Superintendents of Police, Purba Bardhaman were to monitor the presence of witnesses on the dates fixed, and the trial court was to give priority to the present case and exercise its discretion in accordance with law.ratio¶10

Detailed headnote1 paragraphs

Calcutta High Court (Tirthankar Ghosh, J.) disposed of a bail application under Section 439 Cr.P.C./Section 483 BNSS by a foreign national arraigned in Sessions Case No. 133 of 2025, arising out of Manteswar Police Station Case No. 221 of 2025 dated 16.05.2025 u/s 303(2)/317(2) BNS with Section 14A of the Foreigners Act added. Noting the report of the SP, Purba Bardhaman that FRRO, Kolkata had issued an 'Emergency Exit Permit' on 13.02.2026 and that there was no seizure from the petitioner's possession, the Court directed completion of trial evidence within one month from communication of the order, whereafter the petitioner may use the permit; the trial was to conclude within that period, the SPs, Purba Bardhaman to monitor witness attendance and the trial court to accord priority to the case.

23.02.2026

Serial no. 50 [G.S.D]

CRM (M) 143 of 2026

In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Sessions Case No. 133 of 2025 arising out of Manteswar Police Station Case No. 221 of 2025 dated 16.05.2025 u/s 303(2)/317(2) of the BNS adding Section 14A of the Foreigners Act. -And-

In the matter of : Ali Mahboubi

Mr. Arnab Chatterjee Mr. Dipankar Guha Ms. Debolina Roy Ms. Shaila Afrin Ms. Trisha Rakshit

… Petitioner(s) … for the Petitioner(s) … for the State-respondent(s)

Having considered that the petitioner is a foreign national who was intercepted and the case is pending before the learned Sessions Judge, I am of the view that since the report of the Superintendent of Police, Purba Bardhaman reflects that FRRO, Kolkata on 13^th February, 2026 has issued ‘Emergency Exit Permit’ and the merits of the case speaks that there was no seizure from the possession of the petitioner, I direct that the evidence in the trial be completed within a month from the date of communication of this order, thereafter, the petitioner be allowed to use ‘Emergency Exit Permit’ issued by the FRRO on 13^th February, 2026.

2

The learned trial court is also directed to conclude the trial within the time frame referred to above. The Superintendents of Police, Purba Bardhaman will monitor the presence of the witnesses on the date fixed. The trial court would give priority to the present case concerned and exercise its discretion in accordance with law.

With the aforesaid observations, CRM(M) 143 of 2026 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)