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2025 DAILYLAW 1117 (TRI)

Khairul and Ors. v. The State of Tripura

Crl.A(J)/57/2025 · 2025-09-04

T Amarnath Goud

Criminal Appealbody2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA CRL.A(J) NO.57 OF 2025 1. Khairul, Son of Sri Ali Akbar, Resident of Sunamati, P.S.- Hazipur, District-Thakurgram, Bangladesh. 2. Mst. Lipi Aktar, W/o- Khairul, Resident of Sunamati, P.S.- Hazipur, District-Thakurgram, Bangladesh. 3. Miss Ishamani, D/o- Balait Hossain, R/o- Barishal, P.S.-Golachipa, Dist-Barishal, Bangladesh. …….Appellant(s). Vs. The State of Tripura, To be Represented by the L’d Public Prosecutor, The Hon’ble High Court of Tripura. ……..Respondent(s). HON’BLE JUSTICE DR. T. AMARNATH GOUD Present: For the Appellant(s) : Ms. Sutapa Deb Barman, Advocate. For the Respondent(s) : Mr. R. Datta, P.P. Mr. R. Saha, Addl. P.P. 04.09.2025 Order 1. This present Criminal Appeal has been filed under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the Judgment, dated, 03.06.2025, passed by the learned Additional Sessions Judge, Gomati Judicial District, Udaipur, in Case No. ST(T-II) 13/2025, by which the Appellants have been convicted under Section 3 of the Passport (Entry into India) Amendment Act, 2000 and Section 14(A) of the Foreigner Act, 1946. 2. Heard both sides. 3. On perusal of the record, this Court considers that the quantum of punishment imposed upon the appellants is on the higher side. This Court deems it proper to reduce the same, and for the period already undergone in jail, the sentence to that extent is considered sufficient. The remaining part, being the fine amount of Rs. 20,000/-, is waived. 4. The learned Addl. P.P., appearing for the State- respondent, has placed on record a written instruction from the Home Department, Government of Tripura, stating that they have no objection to pushing back the appellants to their home nation as per procedure. 5. In view of the above, the appeal is allowed to the extent indicated herein, and there shall be a direction to the respondent– Secretary, Department of Home, State of Tripura, to take steps to push back the appellants to their home nation as per procedure, at the earliest. 6. With the above observation and direction, this present appeal stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stand closed. DR. T. AMARNATH GOUD, J suhanjit SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.09.04 13:06:32 +05'30'