Extracted from the PDF above. The PDF is authoritative.
Item No. 04 Ct 32 rup
01.09. 2025 IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE
CRR 4596 of 2024 With IA NO: CRAN 1 of 2025 Firoj Ali @ Md. Firoj Ali Vs. The State of West Bengal Mr. Swapan Kumar Mallick, Mr. Kazi M Rahaman. … for the petitioner. Mr. Arijit Ganguly, Mr. Trisha Rakshit. … for the State.
1. This revisional application has been filed assailing the
order dated 26.04.2024 passed by the Learned Chief Judicial Magistrate, Malda, wherein learned Judge granted bail with some conditions including deposit of passport by the accused.
2. On behalf of the accused one application was filed before the Chief Judicial Magistrate, Malda for modification of the condition but that was refused.
3. The case was subsequently transferred to the Court of Learned Assistant Sessions Judge, 2nd Court, Malda and the case was registered as Sessions Case No. 164 of
2024.
4. On behalf of the petitioner/accused again filed an application for modification of the conditions before the Court of Learned Assistant Sessions Judge, 2nd Court,
Malda and that prayer for modification was also refused.
5. Learned counsel appearing on behalf of the petitioner has submitted petitioner possess no passport at any point of time and that is why the proceeding was started under Section 14 (A)/14(C) of the Foreigners’ Act.
6. It is submitted that when the accused is facing the case under Section 14 (A)/14(C) of the Foreigners’ Act, question of deposit of passport does not arise.
7. Learned counsel appearing on behalf of the petitioner has referred to the chargesheet and report of investigation, wherefrom it is found that during investigation the accused/petitioner herein failed to produce any valid documents i.e. passport/visa.
8. In the aforesaid circumstances, the accused was impleaded in the case under Section 14 (A)/14(C) of the Foreigners’ Act.
9. Learned counsel appearing on behalf of the State has submitted that the accused being a foreigner was arrested for commission of offence punishable under Section 14 (A)/14(C) of the Foreigners’ Act. Therefore, in the facts and circumstances, question of producing passport does not arise at this stage.
10. In the aforesaid view of the matter, the condition for deposit of passport stands waived.
11. That apart, all other conditions of the bail order shall remain in force along with the conditions that accused/petitioner shall disclose his address with mobile 2
number, if he is released on bail, before the Officer-in- Charge of English Bazar, Police Station, Malda and not to leave the jurisdictional Court without the prior permission of the Court and also to meet the Officer-in- Charge of English Bazar, Police Station, Malda once in a fortnight, until further order of this Court.
12. With the aforesaid observation, the revisional application along with connected application stand
disposed of.
13. Learned Judge is requested to dispose of the case as expeditiously as possible without affording any unnecessary adjournment.
14. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
15. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.) 3