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Calcutta High CourtCRM/2505/2020rejected

Rafique @ Basir Ahmed v. State Of West Bengal

2020-12-14Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

14.12.2020 ss Rejected C.R.M. 2505 of 2020 In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Basirhat P.S. Case No. 1314 of 2019 dated 24.11.2019 under sections 14/14C of Foreigners Act read with sections 212/120B of the Indian Penal Code.

And In the matter of : Rafique @ Basir Ahmed Mr. Snigdha Saha ... ... for the petitioner Mr. Rana Mukherjee, APP Ms. Sujata Das ... ... for the State Petitioner claims to be a French citizen. He prays for bail. Report by the French consulate with regard to the citizenship and refugee status of the petitioner is placed on record.

We note from the report that the petitioner is not a French citizen. Although he was granted refugee status, it appears such status is in jeopardy as he had visited his country of origin after grant of such status. In similar circumstances, a co-ordinate Bench of this Court had turned down the prayer for bail of a co-accused, namely, Ashad Ahamed. Accordingly, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

Trial Court is requested to expedite the trial and conclude the proceeding at early date.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)