Sunita Daren Singh@ Kanchalee Khamplern And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2084 OF 2021 Sunita Daren Singh @ Kanchalee Khamplern & Anr.

..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Shambhu M. Jha with Mr.Abhimanyu Yadav and Mr.Sandeep Dubey for the Applicant.

Ms.P.N.Dabholkar, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 26th AUGUST, 2022 P.C:- 1.

The applicants are charged with the offence punishable under Section 14A of the Foreigners Act, 1946, which prescribes an imprisonment for a term, which may extend to eight years and with fne. The applicants came to be arrested on 20/11/2020.

2.

As per prosecution case, applicant No.1 was having a passport, which had expired on 11/06/2019 and her Visa was

2/3 13 BA-2084-21.doc also valid from 06/10/2015 to 31/12/2015. As far as the second applicant is concerned, her passport was issued on 18/04/2017, with an expiry date of 17/04/2022 and her visa was valid till 20/06/2018.

They are accused of residing in India illegally. 2.

The learned A.P.P. makes a categorical statement that the sessions case in which the applicants are being tried, is scheduled for framing of charge on 29/09/2022. She states that though 10 witnesses are cited, the prosecution would be examining maximum 5 to 6 witnesses and the trial can be directed to be concluded in a time bound manner. 3.

In the wake of the aforesaid situation, since the applicants are the foreign nationals and if they are released on bail, they may not make themselves available for trial, I deem it appropriate to direct the learned District Judge-4 & Additional Sessions Judge, Thane, who is seized of Sessions Case No.484 of 2022, to frame the charge on the given date by issuing direction to the jail authorities to produce the applicants in the Court. The learned Judge is requested to conclude the trial within a period of four months from the date of framing of charge.

3/3 13 BA-2084-21.doc 3.

The application stands disposed off.

( SMT. BHARATI DANGRE, J.)