Allowed

Tunu Das v. the State of Assam and 5 Ors.

Gauhati HC2 Apr 2018I.A.(Civil)/809/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner, Tunu Das, who had been detained pending a challenge to his declaration as a foreigner. The court directed his release on a bond with one surety after noting the jail authorities' inability to release him on a stayed order alone.

What did the court decide?

Directed that the petitioner, Shri Tunu Das, shall be released on bail by furnishing a bond of Rs. 5,000/- with one local surety.

Tunu Das Vs the State of Assam and 5 Ors. — Bail and Remand | Gauhati HC (2018)

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GAHC010048282018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 809/2018 WP(C) No.685/2018

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1:TUNU DAS

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S/O- LT MAHESH DAS, R/O- BANDERDAWA, VILL NO. 2 PARBATIPUR, P.O. MARBIL, P.S. BHIPURIA, DIST- LAKHIMPUR, ASSAM, PIN-784160

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE DEPTT. OF HOME, GOVT. OF ASSAM, DISPUR, GHY-6

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2:THE UNION OF INDIA

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REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI

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3:THE DEPUTY COMMISSIONER DIST- LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN-787001

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4:THE SUPERINTENDENT OF POLICE (BOARDER) LAKHIMPUR DIST- LAKHIMPUR ASSAM PIN-787001

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5:THE CHIEF ELECTION OFFICER OF THE ELECTION COMMISSION OF INDIA

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NIRVACHAN SADAN ASHOKA ROAD NEW DELHI DELHI-110001

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6:THE OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM REP. BY ITS COORDINATOR 1ST FLOOR ACHYUT PLAZA BHANAGAGARH GUWAHATI ASSAM-78100

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Advocate for the Petitioner : MR. A BISWAS

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Advocate for the Respondent : SC, F.T

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BEFORE

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HON'BLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 02-04-2018

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Ujjal Bhuyan, J.

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Heard A. Biswas, learned counsel for the petitioner and Mr. J Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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This application has been filed by the p etitioner for his release on bail.

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Be it stated that petitioner Shri Tunu Das was declared to be a foreigner of post 25.03.1971 stream by the Foreigners Tribunal-1^st , Lakhimpur at North Lakhimpur in Lakhimpur FT-1 Case No. 4841/11 (State Vs. Shri Tunu Das) vide order dated 18.11.17. This order is under challenge in WP(C) No.685/2018.

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This Court by order dated 16.02.2018 had issued notice while requisitioning the case record and passed an interim order staying the impugned order dated 18.11.2017. It may be mentioned that petitioner was taken into custody on 18.11.17 itself.

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Learned counsel for the petitioner submits that though this Court had stayed the

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impugned order, Superintendent of Tezpur Central Jail, where the petitioner has been kept in detention has expressed his inability to release the petitioner as there is no specific order of bail. In such circumstances, he prays for grant of bail to the petitioner.

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Learned Special Counsel submits that since this Court had already stayed the impugned order, grant of bail to the petitioner would be a natural consequence.

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Having heard learned counsel for the parties and on due consideration, more particularly considering the order of this Court dated 16.02.2018, it is hereby directed that petitioner, Shri Tunu Das, shall be released on bail on furnishing bail bond of Rs. 5,000/(Rupees Five Thousand) with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Lakhimpur.

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This disposes of the interlocutory application.

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JUDGE JUDGE

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Biplab

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Comparing Assistant

Tunu Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Tunu Das v. the State of Assam and 5 Ors.

Case brief

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