Minara Parvin v. State Of West Bengal

In The High Court At Calcutta Item No. 1 Via Video Conference 15.10.2020 SH CRM 7020 of 2020 Minara Parvin -VsThe State of West Bengal with IA No. CRAN No./1/2020 Mr. Kushal Kanti Mukherjee ... for the petitioner.

Mr. Rana Mukherjee Ms. Sukanya Bhattacharyya Md. Kutubuddin ... for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, IA No. CRAN No./1/2020 is disposed of. The petitioner is incarceration for last 397 days has renewed his prayer for grant of bail on any condition. My attention is invited by the learned advocate for the petitioner to this Court's order dated March 2, 2020 wherefrom it is reflected that the petitioner had claimed to have married an Indian national and the lady belongs to Bangladesh but she has no authority to come to India. Her husband has been arrayed as accused in this case for an offence under Section 14A(b)/14C of the Foreigners' Act. The charges are yet to be framed though the investigation has been completed, but this Court by the said order had rejected the prayer for bail considering that admittedly

the petitioner belongs to Bangladesh. However, this Court directed the learned trial Court to expedite the trial by framing of the charges. Unfortunately, charge could not be framed in view of the pandemic situation, which cropped up due to Covid-19. However, since the fact depicted is that the petitioner has married an Indian national bearing such fact in mind the learned trial Court will frame charge and will dispose of the trial, if possible within two months from the date of communication of this order. However, considering the offence alleged the prayer for bail is refused.

The bail application being CRM 7020 of 2020 is rejected and dismissed.

sh ( Shivakant Prasad, J.)