Allowed

Shashibhan Begum @ Sashi Banu v. the Union of India and 5 Ors.

Gauhati HC8 Jun 2022I.A.(Civil)/828/2022

Case brief

AI extract

What is this about?

Application for bail and modification of earlier order preventing deportation allowed. Applicant directed not to be arrested or deported. Granted bail subject to appearance, bond, surety, biometrics, and restrictions on leaving the district.

What did the court decide?

Application allowed; applicant ordered not to be arrested or deported; granted bail with bond and conditions.

Shashibhan Begum @ Sashi Banu Vs the Union of India and 5 Ors. — Bail and Remand | Gauhati HC (2022)

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GAHC010045452022

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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)/828/2022 in WP(C)/8208/2018

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SHASHIBHAN BEGUM @ SASHI BANU W/O- MD. AZIZUR RAHMAN, R/O- VILL- ISLAMPUR, P.O. PUB SIALMARI, P.S. DALGAON, DIST- DARRANG, ASSAM, PIN- 784116

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VERSUS

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THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI- 110001

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SCEY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

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3:THE ELECTION COMMISSIONER OF INDIA THROUGH ITS SECY. NIRBACHAN SADAN ASHOKA ROAD NEW DELHI- 110001

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4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM FIRST FLOOR ACHYUT PLAZA G.S.ROAD BHANGAGARH GHY-5

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5:THE DY. COMMISSIONER

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DARRANG DIST- DARRANG ASSAM PIN- 784125 6:THE SUPERINTENDENT OF POLICE (B) DARRANG DIST- DARRANG ASSAM PIN- 78412

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Advocate for the Petitioner : MR. R P HAZARIKA

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Advocate for the Respondent : SC, F.T

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BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE NANI TAGIA

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ORDER

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08.06.2022

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[ N. Kotiswar Singh, CJ(Acting) ]

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Heard Mr. R.P. Hazarika, learned counsel for the applicant. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent No.1 as well as appearing on behalf of standing counsel, NRC, for respondent No.4; Mr. G. Sarma, learned Special Counsel, FT, appearing for respondent Nos.2 and 6; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.3 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.5.

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2. The present application has been filed seeking for modification of the earlier interim order passed by this Court on 08.02.2019 in WP(C) No.8208/2018, whereby this Court merely directed that the applicant/petitioner shall not be deported.

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3. It has been submitted at the Bar that though the petitioner has not yet been detained on the strength of the impugned order of the Tribunal dated 07.04.2018, there is a real apprehension that she may be detained though not deported and as such, filed this application for granting bail as has been granted to other similarly situated persons.

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4. The application being not seriously objected allowed.

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5. The applicant, if not already arrested, may not be arrested and deported from India. However, the applicant shall appear before the Superintendent of Police (Border), Darrang within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing her presence. On such appearance, the petitioner shall furnish a bail bond of ` 5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority, whereafter, the petitioner shall be allowed to remain on bail. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised. The petitioner also shall not leave the jurisdiction of Darrang district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Darrang.

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6. I.A. stands disposed of.

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Sd/- Nani Tagia Sd/- N. Kotiswar Singh JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Shashibhan Begum @ Sashi Banu v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Shashibhan Begum @ Sashi Banu v. the Union of India and 5 Ors.

Case brief

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